Overview of the Case: D.C.M v C.C.M (2025)

Introduction

This recent case from the Supreme Court of Appeal (SCA) clears up an ongoing legal debate: Can a spouse dispute the value of an estate declared in an antenuptial contract (ANC) when calculating accrual at divorce?

In South Africa, when a couple is married out of community of property with accrual, the value of each spouse’s estate at the start of the marriage matters. It helps determine how assets are shared if the couple divorces. This case confirms that if the value is stated in an ANC, it’s usually final, unless there’s a good reason to dispute it.

Facts of the Case

The couple married in 2009 with an ANC that recorded the husband’s estate at R68.7 million and the wife’s at zero. When they divorced in 2022, the wife argued that her husband had exaggerated his starting value. Based on her calculation of the growth in his estate, she claimed she was owed R18 million.

The husband disagreed, saying that his estate had actually decreased since the marriage and was now worth only R11.5 million. Based on this, there was no accrual to be shared.

The High Court sided with the husband. The wife appealed to the SCA.

Legal Questions and the Court’s Reasoning

The case revolved around Section 6 of the Matrimonial Property Act, which deals with how commencement values are recorded and proven.

• Section 6(3) says a statement made after the marriage is only prima facie (at first glance) proof of the estate’s value.
• The SCA clarified that this section doesn’t apply to values declared in an ANC, which is a contract agreed on by both parties. That declaration is binding unless one of the parties can prove there was fraud, a mistake, or they were pressured into agreeing to it. None of those claims were made here.

The court reviewed earlier cases, which had differing views. Some allowed spouses to dispute the value in an ANC, while others treated those values as final. The SCA sided with the latter, confirming that once a value is agreed upon in an ANC, it can’t be changed later without strong legal grounds.

Final Outcome

• The court found that the husband’s commencement value of R68.7 million (which adjusted to R129 million for inflation) was valid and binding.
• His estate at divorce was worth less than that, so no accrual existed.
• The wife’s claim failed, and she was ordered to pay the legal costs.

Why This Case Matters

This judgment confirms that ANC values carry weight. It gives clear guidance: unless there’s fraud or another valid legal issue, what’s written in the ANC stands. This provides couples and their lawyers with more certainty when drafting or relying on antenuptial contracts.

Practical Advice

• For legal professionals: Make sure your clients understand that the values they record in their ANC are binding.
• For couples: Be honest and accurate when declaring your estate’s value at the start of the marriage to avoid problems later.

The SCA has now provided clarity, putting an end to years of uncertainty over whether commencement values in antenuptial contracts can be challenged.