M.T v R.M.T (67085/2014) [2018] ZAGPPHC 493 (9 March 2018)

M.T v R.M.T (67085/2014) [2018] ZAGPPHC 493 (9 March 2018)

The court found that the plaintiff failed to discharge the onus of proving the existence of a verbal ante-nuptial contract excluding the accrual system. The evidence presented, including the written contract from 2007 and the 'A.N.C.' notation in the marriage register, was insufficient and unconvincing. The defendant's testimony that she was unaware of signing an ante-nuptial contract and believed the marriage to be in community of property was accepted. The court held that, in terms of the Recognition of Customary Marriages Act, the marriage registered on 18 September 2012 is in community of property, as no valid ante-nuptial contract was proven to exist.

Citation
[2018] ZAGPPHC 493
Parties
Plaintiff: M T; Defendant: R M T
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2018
Case Number
67085/2014
Procedural Posture
Civil Trial / Separation of Issues on Marital Regime
Outcome
Plaintiff's claim that the marriage is governed by a verbal ante-nuptial contract excluding the accrual system is dismissed. The marriage is declared to be in community of property.
Judges
Ranchod
Legal Topics
Matrimonial Property Regime, Customary Marriage, Ante Nuptial Contract, Recognition of Customary Marriages Act, Burden of Proof
Family and Children Civil Procedure Matrimonial Property Regime Customary Marriage Ante Nuptial Contract Recognition of Customary Marriages Act Burden of Proof

Case Brief

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Parties

M T

Plaintiff

R M T

Defendant

Procedural Posture

Civil Trial / Separation of Issues on Marital Regime

Legal Issues

  1. 1 Whether the parties concluded a verbal ante-nuptial contract prior to their civil marriage on 18 September 2012.
  2. 2 Whether the marriage between the parties is in community of property or governed by an ante-nuptial contract excluding the accrual system.
  3. 3 Whether the prior customary marriage affects the property regime of the civil marriage.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving the existence of a verbal ante-nuptial contract excluding the accrual system. The evidence presented, including the written contract from 2007 and the 'A.N.C.' notation in the marriage register, was insufficient and unconvincing. The defendant's testimony that she was unaware of signing an ante-nuptial contract and believed the marriage to be in community of property was accepted. The court held that, in terms of the Recognition of Customary Marriages Act, the marriage registered on 18 September 2012 is in community of property, as no valid ante-nuptial contract was proven to exist.

Court Disposition

Plaintiff's claim that the marriage is governed by a verbal ante-nuptial contract excluding the accrual system is dismissed. The marriage is declared to be in community of property.

Orders

  • It is declared that the marriage between the plaintiff and the defendant registered on 18 September 2012 is one in community of property.
  • The costs are to be paid by the plaintiff.