R (36080/2015), R v [2017] ZAGPJHC 144 (6 June 2017)

R (36080/2015), R v [2017] ZAGPJHC 144 (6 June 2017)

The court found that the defendant failed to prove a common continuing intention between the parties to exclude foreign assets from the ANC. The evidence did not establish that the plaintiff shared the defendant's understanding, nor was there any properly circumscribed clause proposed for rectification. The plaintiff's evidence regarding the execution and meaning of the ANC was preferred. Consequently, the claim for rectification was refused. Regarding maintenance and educational expenses, the court held that the defendant is obliged to pay half of the child's school and tertiary fees when incurred, and the claimed maintenance amount is reasonable.

Citation
[2017] ZAGPJHC 144
Parties
Plaintiff: R., J.; Defendant: R., S.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 June 2017
Case Number
36080/2015
Procedural Posture
Divorce Action / Trial Judgment
Outcome
The defendant's claim for rectification of the ante-nuptial contract is refused. Maintenance and educational contributions are determined as specified.
Judges
Van der Linde
Legal Topics
Ante Nuptial Contract, Rectification of Contract, Child Maintenance, School Fees, Tertiary Education Contribution
Family and Children Civil Procedure Ante Nuptial Contract Rectification of Contract Child Maintenance School Fees Tertiary Education Contribution

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Parties

R., J.

Plaintiff

R., S.

Defendant

Procedural Posture

Divorce Action / Trial Judgment

Legal Issues

  1. 1 Whether the ante-nuptial contract should be rectified to exclude foreign assets.
  2. 2 What monthly cash amount the defendant should contribute to his son's maintenance.
  3. 3 Whether the defendant should pay half of the boy's future private school fees.

Ratio Decidendi

The court found that the defendant failed to prove a common continuing intention between the parties to exclude foreign assets from the ANC. The evidence did not establish that the plaintiff shared the defendant's understanding, nor was there any properly circumscribed clause proposed for rectification. The plaintiff's evidence regarding the execution and meaning of the ANC was preferred. Consequently, the claim for rectification was refused. Regarding maintenance and educational expenses, the court held that the defendant is obliged to pay half of the child's school and tertiary fees when incurred, and the claimed maintenance amount is reasonable.

Court Disposition

The defendant's claim for rectification of the ante-nuptial contract is refused. Maintenance and educational contributions are determined as specified.

Orders

  • The claim for rectification of the ante-nuptial contract is refused.
  • The defendant is obliged to pay half of the child's school fees when incurred.