M v M (32624/2015) [2022] ZAGPJHC 484; 2022 (6) SA 255 (GJ) (29 June 2022)

M v M (32624/2015) [2022] ZAGPJHC 484; 2022 (6) SA 255 (GJ) (29 June 2022)

The court held that, in this Division, the declared commencement value in an antenuptial contract is conclusive and binding unless attacked on recognised contractual grounds such as fraud, misrepresentation, duress, or undue influence. The plaintiff did not plead or prove any such grounds. Evidence aimed at challenging the accuracy of the commencement value was therefore irrelevant. The plaintiff also failed to prove, on a balance of probabilities, that the defendant's estate showed an accrual beyond the CPI-adjusted commencement value, even accepting her own alleged lower commencement value. The court found that the plaintiff's expert's methodology was flawed, as it included assets and...

Citation
[2022] ZAGPJHC 484
Parties
Plaintiff: M [....] 1, D [....] C [....] 1; Defendant: M [....] 2, C [....] 2 C [....] 3
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 June 2022
Case Number
32624/2015
Procedural Posture
Family and Children / Trial Judgment After Full Hearing
Outcome
Plaintiff's claim dismissed with costs, including the costs of two counsel.
Judges
Strydom
Legal Topics
Matrimonial Property Act, Accrual System, Commencement Value, Dissipation of Assets, Contractual Consensus, Rectification
Family and Children Matrimonial Property Act Accrual System Commencement Value Dissipation of Assets Contractual Consensus Rectification

Case Brief

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Parties

M [....] 1, D [....] C [....] 1

Plaintiff

M [....] 2, C [....] 2 C [....] 3

Defendant

Procedural Posture

Family and Children / Trial Judgment After Full Hearing

Legal Issues

  1. 1 Whether the declared commencement value in the antenuptial contract is conclusive or subject to challenge.
  2. 2 Whether the plaintiff proved an accrual in the defendant's estate at dissolution of marriage.
  3. 3 Whether alienation of assets by the defendant was intended to frustrate the plaintiff's accrual claim.

Ratio Decidendi

The court held that, in this Division, the declared commencement value in an antenuptial contract is conclusive and binding unless attacked on recognised contractual grounds such as fraud, misrepresentation, duress, or undue influence. The plaintiff did not plead or prove any such grounds. Evidence aimed at challenging the accuracy of the commencement value was therefore irrelevant. The plaintiff also failed to prove, on a balance of probabilities, that the defendant's estate showed an accrual beyond the CPI-adjusted commencement value, even accepting her own alleged lower commencement value. The court found that the plaintiff's expert's methodology was flawed, as it included assets and...

Court Disposition

Plaintiff's claim dismissed with costs, including the costs of two counsel.

Orders

  • The plaintiff's claim is dismissed with costs, including the cost of two counsel.
  • No order is made in relation to the withdrawn counterclaim of the defendant.