The wife, despite signing the Ante-Neptual
Contract (ANC), went to the Gauteng High Court in Johannesburg to seek
recognition of her marriage under customary law, asserting that it was a
community of property marriage. The court acknowledged that the ANC was
discussed only after the customary marriage had taken place. Consequently, the
court granted the order and rejected an appeal.
Displeased, the husband
approached the SCA, contesting that he never consented to a customary marriage
or any form of marriage in community of property. He acknowledged their
participation in traditional customs but insisted it was to embrace their culture,
not to formalize a marriage. The husband argued that from the start of their
relationship, they intended to marry under civil law, out of community of
property, using an ANC to protect their interests.
He pointed out the wife's
business ventures and debts, which he claimed to have settled. Protecting his
children's financial interests and assets from potential claims by ex-wives
were crucial considerations for him. After traditional customs, they consulted
lawyers, executed, and registered the ANC, specifying no community of property
and applying the accrual system. The husband also agreed to donate a 50% share
in his property and a Mercedes-Benz.
At the SCA, Judge Sharise Erica
Weiner observed inconsistencies in the wife's statements and her introduction
of new evidence. Despite seeking to validate the customary marriage and
invalidate the ANC, the wife did not deny, in her replying affidavit, the
parties' intention to marry out of community of property. Judge Weiner
concluded that the high court didn't properly exercise its discretion, and the
order was set aside.
Source: IOL News
Do you think the wife is fair on this matter? Lets engage.
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