South Africa Case Law

D.C.M v C.C.M (1235/22)

D.C.M v C.C.M (1235/22) [2025] ZASCA 55; [2025] 3 All SA 291 (SCA) (9 May 2025)

Court

Supreme Court of Appeal

Case number

1235/22

Judges

Zondi, Keightley, Coppin, Phatshoane, Bloem

The Supreme Court of Appeal held that where parties declare the commencement value of their estates in an antenuptial contract, such declaration is contractually binding and serves as conclusive proof of the commencement value for accrual calculations. Section 6(3) of the Matrimonial Property Act applies only where no value is declared, in which case the contract or statement serves as prima facie proof. The applicant did not plead any recognised common law grounds to attack the contract. The CPI-adjusted commencement value of the respondent's estate was R129 million, while the value at disso…

Source excerpt

• Accrual System
• Antenuptial Contract
• Matrimonial Property Act
• Commencement Value
• Proof Of Estate Value