N D v M D (24953/2019)
N D v M D (24953/2019) [2020] ZAGPJHC 228; [2021] 1 All SA 909 (GJ) (16 September 2020)
The applicant failed to demonstrate, on the Plascon-Evans approach, that she will be the beneficiary of an accrual claim and is therefore not entitled to immediate division of the accrual under section 8(1) of the Matrimonial Property Act. However, she established a prima facie right, although open to some doubt, to an accrual claim and a reasonable apprehension of prejudice due to the respondent's conduct. The court found that interim interdictory relief is warranted to preserve her contingent right to share in the accrual pending determination of the accrual claim in the divorce action. The…
Source excerpt
- Matrimonial Property Act
- Accrual Claim
- Interim Interdict
- Immediate Division Of Accrual
- Anti Dissipation
- Burden Of Proof