M v M (62488/15) [2017] ZAGPPHC 93 (15 March 2017)

M v M (62488/15) [2017] ZAGPPHC 93 (15 March 2017)

The court found that the appellant failed to prove the commencement value of his estate, and both parties' commencement values were accepted as nil. The respondent was not ordered to forfeit any part of her benefit, and the correct accrual amount was determined to be R3,750,000. The existence of conflicting judgments regarding the interpretation of section 6 of the Matrimonial Property Act and the unique facts of the case justified granting leave to appeal on all reserved issues except the rectification claim, which was found to have no reasonable prospects of success. The court held that another court may reach a different conclusion on forfeiture or the application of section 9 of the...

Citation
[2017] ZAGPPHC 93
Parties
Plaintiff: M; Defendant: M
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 March 2017
Case Number
62488/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Divorce and Patrimonial Issues
Outcome
Leave to appeal granted on all reserved issues except the rectification claim; leave to appeal on the rectification claim refused.
Judges
Opperman
Legal Topics
Matrimonial Property Act, Accrual System, Forfeiture of Benefits, Rectification of Antenuptial Contract, Divorce Act, Leave to Appeal
Family and Children Civil Procedure Matrimonial Property Act Accrual System Forfeiture of Benefits Rectification of Antenuptial Contract Divorce Act Leave to Appeal

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Parties

M

Plaintiff

M

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Divorce and Patrimonial Issues

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding the interpretation and application of section 6 of the Matrimonial Property Act.
  2. 2 Whether the appellant is entitled to rectification of the antenuptial contract.
  3. 3 Whether the respondent should forfeit the benefits of the marriage wholly or in part.

Ratio Decidendi

The court found that the appellant failed to prove the commencement value of his estate, and both parties' commencement values were accepted as nil. The respondent was not ordered to forfeit any part of her benefit, and the correct accrual amount was determined to be R3,750,000. The existence of conflicting judgments regarding the interpretation of section 6 of the Matrimonial Property Act and the unique facts of the case justified granting leave to appeal on all reserved issues except the rectification claim, which was found to have no reasonable prospects of success. The court held that another court may reach a different conclusion on forfeiture or the application of section 9 of the...

Court Disposition

Leave to appeal granted on all reserved issues except the rectification claim; leave to appeal on the rectification claim refused.

Orders

  • Leave to appeal to the Full Court of the High Court of South Africa, Gauteng Division, Pretoria is granted in respect of all reserved issues except the rectification claim.
  • Leave to appeal on the rectification claim is refused.