South Africa Case Law

B v B (820/2021)

B v B (820/2021) [2022] ZASCA 123; 2023 (1) SA 381 (SCA) (22 September 2022)

Court

Supreme Court of Appeal

Case number

820/2021

Judges

Van der Merwe, Molemela, Kgoele, Salie-Hlophe, Masipa

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…

Source excerpt

• Ante Nuptial Contract
• Contractual Maintenance
• Specific Performance
• Donations Between Spouses