ST v CT

The matter arose from divorce proceedings between Mr ST (the appellant) and Mrs CT (the respondent). The Western Cape Division of the High Court made findings and orders relating to the accrual of the parties’ estates and post-divorce maintenance. Mr ST appealed to the Supreme Court of Appeal, challenging adverse credibility findings against him, the calculation of accrual (including the treatment of certain assets and a living annuity), and the High Court’s approach to maintenance in light of a prenuptial waiver of maintenance contained in the parties’ antenuptial contract.

The appeal was upheld in part. The SCA overturned the High Court’s findings and orders relating to accrual and maintenance, declared the prenuptial maintenance waiver invalid, clarified the burden of proof regarding excluded assets, and held that a living annuity is excluded from accrual calculations.

This decision is significant in South African family law as it clarifies the enforceability of prenuptial waivers of maintenance, confirms the court’s overriding statutory power under s 7 of the Divorce Act, and provides authoritative guidance on the burden of proof in accrual disputes. It also settles that living annuities do not form part of a spouse’s estate for accrual purposes, an issue of practical importance in divorce litigation.