Are Commencement Values in an ANC Binding? SCA Confirms in 2025 Judgment

Written by Roy Bregman, an admitted attorney with over 51 years’ experience in family and matrimonial law.

Introduction: The Legal Significance of Commencement Values in ANCs

In South Africa, when couples marry out of the community of property with accrual, the value of each spouse’s estate at the start of the marriage—the “commencement value”—is crucial for calculating how assets are divided on divorce. A recent case from the Supreme Court of Appeal (SCA), D.C.M v C.C.M, has definitively clarified whether such a value can be challenged if recorded in an antenuptial contract (ANC).

Understanding the Accrual System and Commencement Values

Under South African law, when spouses are married with accrual, each spouse retains their own estate during the marriage. The growth in the estate’s value—the accrual—is shared equally at divorce. The difference between the commencement and dissolution values determines the accrual claim. Accuracy in recording these commencement values is essential.

Case Law Discussion: D.C.M v C.C.M (2025)

Facts of the Case

The parties married in 2009, with the ANC declaring the husband’s estate at R68.7 million and the wife’s at zero. At their divorce in 2022, the wife claimed the husband had inflated his value and demanded R18 million. The husband said his estate had declined to R11.5 million, so no accrual was due. The High Court agreed with him. The wife appealed to the SCA.

Legal Issues and the SCA’s Findings

The key issue was whether Section 6(3) of the Matrimonial Property Act—allowing commencement values declared after marriage to be rebutted—applies to values declared in an ANC. The SCA held it does not. An ANC is a binding contract, and the values stated are final unless fraud, coercion, or mistake is proven. None were alleged in this case.

Final Judgment

The SCA confirmed the R68.7 million (inflation-adjusted to R129 million) commencement value. Since the husband’s estate was now worth less, no accrual existed. The wife’s claim was dismissed, and she was ordered to pay costs.

Why This Case Is Important

This case reaffirms the legal weight of ANC declarations and eliminates uncertainty: commencement values in a signed ANC are binding unless there is a strong legal reason to dispute them. It ensures predictability in accrual claims.

Practical Takeaways

For Legal Practitioners

Ensure clients fully understand the financial declarations in their ANC.
Emphasise that these values are binding without valid legal challenge.
Conduct proper asset evaluations before drafting the ANC.

For Couples

Declare honest, accurate commencement values.
Understand that what’s recorded cannot easily be changed later.
Seek legal advice to ensure the ANC protects both parties fairly.

FAQs About Commencement Values and Antenuptial Contracts

Can I change the commencement value after signing the ANC?

Only in exceptional circumstances, such as fraud or mistake. Otherwise, it is binding.

Is it mandatory to declare my estate’s value when drafting an ANC?

Yes. The value is essential for future accrual calculations and must be recorded accurately.

Does this SCA ruling apply to all ANC marriages with accrual?

Yes. It sets a precedent confirming the finality of ANC commencement values unless legally challenged.

Binding Commencement Values in Antenuptial Contracts: What the SCA’s Judgment Means for Divorcing Spouses