Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Family And Children [2025] ZASCA 55

D.C.M v C.C.M (1235/22)

D.C.M v C.C.M (1235/22) [2025] ZASCA 55; [2025] 3 All SA 291 (SCA) (9 May 2025)

Court
Supreme Court of Appeal
Case number
1235/22
Judges
Zondi, Keightley, Coppin, Phatshoane, Bloem

The Supreme Court of Appeal held that where parties declare the commencement value of their estates in an antenuptial contract, such declaration is contractually binding and serves as conclusive proof of the commencement value for accrual calculations. Section 6(3) of the Matrimonial Property Act applies only where no value is declared, in which case the contract or statement serves as prima facie proof. The applicant did not plead any recognised common law grounds to attack the contract. The CPI-adjusted commencement value of the respondent's estate was R129 million, while the value at disso…

Source excerpt

  • Accrual System
  • Antenuptial Contract
  • Matrimonial Property Act
  • Commencement Value
  • Proof Of Estate Value
Read case analysis
Family And Children [2022] ZAGPJHC 484

M v M (32624/2015)

M v M (32624/2015) [2022] ZAGPJHC 484; 2022 (6) SA 255 (GJ) (29 June 2022)

Court
South Gauteng High Court, Johannesburg
Case number
32624/2015
Judge
Strydom

The court held that, in this Division, the declared commencement value in an antenuptial contract is conclusive and binding unless attacked on recognised contractual grounds such as fraud, misrepresentation, duress, or undue influence. The plaintiff did not plead or prove any such grounds. Evidence aimed at challenging the accuracy of the commencement value was therefore irrelevant. The plaintiff also failed to prove, on a balance of probabilities, that the defendant's estate showed an accrual beyond the CPI-adjusted commencement value, even accepting her own alleged lower commencement value.…

Source excerpt

  • Matrimonial Property Act
  • Accrual System
  • Commencement Value
  • Dissipation Of Assets
  • Contractual Consensus
  • Rectification
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.