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South Africa decisions
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N.A.T. v T.M.M. (2023/066211) [2025] ZAGPJHC 727 (22 July 2025)
The High Court dismissed an interlocutory application seeking declaratory relief about a marriage regime, holding that material disputes of fact required trial.
L.M.P v N.J.D.P (Appeal) (HCAA33/2024) [2025] ZALMPPHC 122 (19 June 2025)
Appeal upheld after the High Court found the trial proceeded on an imperfect stated case and unresolved facts about whether a customary marriage existed.
M.N.P.U.M v S.V.M and Another (2023/114345) [2025] ZAGPJHC 647 (7 April 2025)
The court found that the applicant failed to establish that there was no consensus between the parties regarding the marital regime or that her signature on the special power of attorney was obtained by justus error or misrepresentation. The applicant voluntarily signed the documents authorising the ante nuptial contract, and her conduct and prior knowledge of the respondent's refusal to pool assets indicated she was aware of the implications. The caveat subscriptor rule applied, binding her to the contract. The court held that the ante nuptial contract was validly executed, and the marriage…
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M.M v P.J.M (2016/13852) [2024] ZAGPJHC 593 (18 June 2024)
High Court divorce judgment ordering equal division of a home bought during marriage, despite an antenuptial contract excluding community, accrual and profit and loss.
E.M.W v S.W (26912/2017) [2023] ZAGPJHC 710 (15 June 2023)
An urgent bid to interdict a spouse from selling immovable property pending divorce proceedings was struck off the roll for lack of urgency.
B v B (820/2021) [2022] ZASCA 123; 2023 (1) SA 381 (SCA) (22 September 2022)
The Supreme Court of Appeal held that the written agreement for lifelong maintenance and donations between the parties does not conflict with or vary the ante-nuptial contract. The ANC determines the matrimonial property regime, while the agreement is a separate contractual instrument for donations and maintenance, which is permissible under South African law. The agreement does not oust the divorce court's discretion under section 7(2) of the Divorce Act, as the appellant's claim is for specific performance of a contract, not for maintenance under the Divorce Act. The court found that the ag…
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Mashisane v Mhlauli (2020/11024) [2021] ZAGPJHC 645 (8 November 2021)
The applicant's denial of the existence of a customary marriage and intention to marry by customary rites is central to the case. The ante-nuptial contract was registered in contemplation of a civil marriage that never occurred. The applicant seeks to substitute one marital regime for another without establishing a proper foundation or complying with the necessary requirements. On the facts presented, it is not possible to enforce an ante-nuptial contract for a non-existent marriage. The application for leave to appeal does not meet the statutory test for reasonable prospects of success or co…
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S.A.V v H.J.V (A107/2018) [2020] ZAGPPHC 432 (19 August 2020)
The appeal court found that the trial court erred by valuing the contributions of the applicant and respondent equally without distinguishing between their respective roles and by failing to account for the respondent's own assets in the redistribution. While the respondent's contributions as homemaker and supporter were significant, they could not be equated with those of the breadwinner, though the margin should not be large. The appeal court exercised its discretion to order a redistribution of 40% of the applicant's assets to the respondent, rather than 50%, and set aside the trial court'…
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Williams v Nolan NO and Others (60400/2017) [2019] ZAGPPHC 259 (20 June 2019)
The court authorised postnuptial execution and registration of an antenuptial contract, finding the parties had agreed its terms before marriage and that the beneficiary had standing.
P V v E V (843/2018) [2019] ZASCA 76 (30 May 2019)
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.
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