South Africa Case Law

H.C.C v C.C (7225/2022)

H.C.C v C.C (7225/2022) [2024] ZAGPPHC 758; 2025 (1) SA 426 (GP) (31 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

7225/2022

Judge

JA Kok

The court found that the defendant, as the primary caregiver and homemaker throughout the marriage, contributed indirectly to the maintenance and increase of the plaintiff's estate. The exclusion of the accrual system in the antenuptial contract does not preclude a redistribution order, especially in light of constitutional imperatives for substantive gender equality. The defendant's contributions, though typical of a traditional marriage, are sufficient under section 7(3) of the Divorce Act. The plaintiff's financial means are limited, but both parties must accept a reduced standard of livin…

Source excerpt

• Divorce Act Section 7 3
• Redistribution Of Assets
• Spousal Maintenance
• Parental Rights And Responsibilities
• Accrual System Exclusion

P V v E V (843/2018)

P V v E V (843/2018) [2019] ZASCA 76 (30 May 2019)

Court

Supreme Court of Appeal

Case number

843/2018

Judges

Tshiqi, Saldulker, Zondi, Molemela, Davis

The Supreme Court of Appeal held that an ante-nuptial contract could not be rectified absent a common mistake or continuing intention to include accrual.

• Rectification Of Contract
• Matrimonial Property Regime
• Ante Nuptial Contract
• Accrual System Exclusion
• Contractual Consensus
• Rectification-of-contract

S v S (82452/15)

S v S (82452/15) [2017] ZAGPPHC 763 (7 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

82452/15

Judge

Tlhapi

The High Court found no consensus on the ante-nuptial contract and declared it void ab initio, holding the parties married in community of property.

• Matrimonial Property Regime
• Ante Nuptial Contract
• Accrual System Exclusion
• Community Of Property
• Contractual Consensus
• Matrimonial-property-regime