Manelis v Manelis

The parties were married out of community of property subject to the accrual system. In their antenuptial contract concluded before marriage, the applicant declared her commencement estate value as nil and the respondent declared his as R68.7 million. During divorce proceedings, the applicant challenged the accuracy of the respondent’s declared commencement value, alleging it was overstated, and claimed an accrual based on a recalculated lower commencement value. The High Court granted a divorce but later dismissed the applicant’s accrual claim, holding that the parties were bound by the declared commencement value in the antenuptial contract and that no accrual arose because the respondent’s estate had decreased during the marriage. The applicant sought leave to appeal to the Supreme Court of Appeal.

Leave to appeal was granted, but the appeal was dismissed with costs, including the costs of two counsel. The applicant was ordered to pay the costs of the application for condonation for the late lodging of the appeal record.

The judgment resolves conflicting High Court authority on the interpretation of s 6(3) of the Matrimonial Property Act and clarifies the legal effect of commencement value declarations in antenuptial contracts. It affirms contractual certainty in matrimonial property regimes and confirms that declared commencement values in antenuptial contracts are binding and conclusive, unless set aside on recognised contractual grounds.