South Africa Case Law

B F v R F (2017/5018A)

B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2017/5018A

Judges

Sutherland, Matojane, Siwendu

The majority held that clause 4 of the ante-nuptial contract, properly interpreted in light of section 4(1)(b)(ii) of the Matrimonial Property Act, excludes only those assets possessed by the husband at the commencement of the marriage. The text and structure of the clause, as well as the statutory scheme, do not permit the exclusion of assets acquired after marriage unless they are the fruits of the initial excluded assets and this is specifically alleged and proved. The majority found that the additional shares and increased loan account balances acquired during the marriage are subject to…

Source excerpt

• Matrimonial Property Act
• Accrual System
• Ante Nuptial Contract Interpretation
• Excluded Assets
• Contractual Intention

B v B (700/2013)

B v B (700/2013) [2014] ZASCA 137 (25 September 2014)

Court

Supreme Court of Appeal

Case number

700/2013

Judges

Lewis, Tshiqi, Theron, Mocumie, Gorven

The Supreme Court of Appeal upheld an accrual claim under the Matrimonial Property Act, finding the defendant’s estate had accrued and dismissing the appeal.

• Matrimonial Property Act
• Accrual System
• Antenuptial Contract
• Excluded Assets
• Burden Of Proof
• Costs Orders