S.S v W.S (DIV179/2016)
S.S v W.S (DIV179/2016) [2017] ZANWHC 36 (22 June 2017)
The court held that the applicant's request for disclosure of the respondent's estate value under section 7 of the Matrimonial Property Act was premature. The right to share in the accrual only arises upon dissolution of the marriage, and the operative moment for determining the accrual is at dissolution, not at the close of pleadings or prior to trial. The applicant did not make out a case for immediate division under section 8(1), nor did she provide factual evidence of prejudice or asset dissipation. The court found that the reasons advanced by the applicant did not justify early disclosur…
Source excerpt
- Matrimonial Property Act
- Accrual System
- Premature Disclosure
- Forfeiture Of Accrual
- Spousal Maintenance