L.G.V v J.H.V (born F) (6246/2008)
L.G.V v J.H.V (born F) (6246/2008) [2010] ZAWCHC 602 (6 December 2010)
The court found that the agreement marked 'X' did not purport to vary the matrimonial property regime, which remained out of community of property with accrual. The agreement merely excluded certain properties from the accrual calculation in the defendant's estate, which is a matter between the parties and does not affect third parties or creditors. The requirement for registration of nuptial contracts is intended to protect third parties, not to invalidate bilateral agreements regarding accrual sharing. The plaintiff did not donate the properties, as he did not own them; rather, he waived hi…
Source excerpt
- Matrimonial Property Regime
- Accrual System
- Nuptial Contract Variation
- Donation Of Property
- Enforceability Of Agreements