R.L.M v B.G.M (EL139/14, ECD439/14) [2016] ZAECELLC 8; 2017 (2) SA 538 (ECG) (18 October 2016)

R.L.M v B.G.M (EL139/14, ECD439/14) [2016] ZAECELLC 8; 2017 (2) SA 538 (ECG) (18 October 2016)

The court found that clauses 4 and 5 of the ANC are contradictory and irreconcilable, as clause 4 lists assets for accrual purposes while clause 5 excludes those same assets from the accrual system. This material conflict renders the ANC void for vagueness, following the precedent set in Bath v Bath and JCK v RK. As a result, the marriage is deemed to be in community of property. The defendant's claim for rectification failed because he could not prove a common intention to exclude his business interests from the accrual system; no agreement was reached prior to signing the ANC, and the evidence did not support the pleaded intention. The court dismissed the counterclaim for rectification...

Citation
[2016] ZAECELLC 8
Parties
Plaintiff: R.L.M.; Defendant: B.G.M.
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
18 October 2016
Case Number
EL139/14; ECD 439/14
Procedural Posture
Family and Children / Separated Issues in Divorce Action; Determination of Validity and Rectification of Ante Nuptial Contract
Outcome
The ANC is declared void for vagueness; the marriage is in community of property. The defendant's counterclaim for rectification is dismissed with costs.
Judges
Plasket
Legal Topics
Matrimonial Property Act, Ante Nuptial Contract, Accrual System, Rectification of Contract, Community of Property
Family and Children Matrimonial Property Act Ante Nuptial Contract Accrual System Rectification of Contract Community of Property

Case Brief

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Parties

R.L.M.

Plaintiff

B.G.M.

Defendant

Procedural Posture

Family and Children / Separated Issues in Divorce Action; Determination of Validity and Rectification of Ante Nuptial Contract

Legal Issues

  1. 1 Whether the ante-nuptial contract (ANC) is void for vagueness due to contradictory clauses.
  2. 2 Whether the marriage is in community of property as a result of the ANC's invalidity.
  3. 3 Whether rectification of the ANC is competent and supported by evidence.

Ratio Decidendi

The court found that clauses 4 and 5 of the ANC are contradictory and irreconcilable, as clause 4 lists assets for accrual purposes while clause 5 excludes those same assets from the accrual system. This material conflict renders the ANC void for vagueness, following the precedent set in Bath v Bath and JCK v RK. As a result, the marriage is deemed to be in community of property. The defendant's claim for rectification failed because he could not prove a common intention to exclude his business interests from the accrual system; no agreement was reached prior to signing the ANC, and the evidence did not support the pleaded intention. The court dismissed the counterclaim for rectification...

Court Disposition

The ANC is declared void for vagueness; the marriage is in community of property. The defendant's counterclaim for rectification is dismissed with costs.

Orders

  • The ante-nuptial contract signed by the plaintiff and the defendant and dated 12 December 1998 is declared void; the parties were married in community of property.
  • The defendant's counterclaim for rectification of the ante-nuptial contract is dismissed.