The Supreme Court of Appeal in Bloemfontein has reshaped family law and strengthened the binding nature of asset declarations in antenuptial contracts.
This case emerged from a divorce initiated in 2015, where the applicant sought financial clarity regarding her spouse’s estate value at the commencement of their marriage. The issue hinged on their antenuptial contract, a crucial document in family law that dictates property division. Despite the Gauteng Division of the High Court, Johannesburg awarding a divorce, the wife’s accrual claim was dismissed. Her former husband’s declared estate value of R68.7 million remained unchallenged, leading to an appeal.
The relief sought included a directive for the husband to furnish the wife with a statement of account, supported by documents, detailing the value of his estate at the commencement of their marriage, as recorded in their antenuptial contract. This was intended to support a debatement of the statement of account. In addition, the wife sought an order declaring that the husband was bound by the commencement value of his estate as determined through that debatement. The claim also included an order requiring him to pay her half of the difference between the accrual of their respective estates.
On 24 March 2022, the High Court granted a decree of divorce, issued orders concerning the primary residence and maintenance of their minor son, and determined their parental rights and obligations. The court also ordered the husband to pay rehabilitative maintenance to the wife. However, the issue of whether an accrual was payable to the wife, as per their antenuptial contract and the Matrimonial Property Act 88 of 1984, was postponed for later determination.
On 29 June 2022, the High Court dismissed the applicant’s claim for accrual with costs. On 3 November 2022, it dismissed her application for leave to appeal, also with costs. On 1 February 2023, two Supreme Court judges, after considering her application for leave to appeal, referred her case for oral argument.
Key findings of the Supreme Court of AppealÂ
On 9 May 2025, Acting Judge GH Bloem upheld the High Court’s decision, reinforcing the family law principle that asset values declared in antenuptial agreements serve as prima facie proof. These valuations can only be contested under specific legal conditions, which the applicant failed to establish.
Judge Bloem further ruled that under the Matrimonial Property Act of 1984, spouses in marriages out of community of property must assume responsibility for proving accrual claims. Because the applicant had not effectively contested the respondent’s declared estate values, her claim was denied.
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