C.L.W v D.W NO (37634/2017)
C.L.W v D.W NO (37634/2017) [2021] ZAGPJHC 710 (1 July 2021)
The court found that the applicant failed to meet the legal requirements for joinder under Rule 10(3), as her claims for accrual and maintenance are enforceable against her spouse alone, not the Trust or its trustees. The Matrimonial Property Act and the ante nuptial contract provide adequate protection for her accrual rights, and any assets transferred to the Trust prior to the breakdown of marriage are deemed part of her spouse's estate for accrual purposes. The Trust's liability for maintenance is contingent on the trustees' discretion, which the court cannot compel. The applicant's claims…
Source excerpt
- Joinder Of Parties
- Matrimonial Property Act
- Accrual System
- Trust Liability
- Spousal Maintenance
- Children Maintenance