Bezuidenhout v Bezuidenhout

The parties were married in 1975 out of community of property with exclusion of accrual, governed by an antenuptial contract. During a long marriage they jointly built a highly successful business empire, primarily through private companies, accumulating substantial assets. Both spouses worked in the business, though the husband was the primary driver of its technical, managerial and commercial success. Upon breakdown of the marriage in 2001, the wife instituted divorce proceedings and sought redistribution of assets under s 7(3) of the Divorce Act 70 of 1979, contending that the combined estates should be divided equally. The Cape High Court granted a decree of divorce and ordered the husband to pay the wife R7.8 million, effectively equalising their estates. The husband appealed to the Supreme Court of Appeal.

The appeal was upheld. The redistribution order of the Cape High Court was set aside and replaced with a reduced redistribution award in favour of the respondent (less than equal division).

The case is a leading authority on the interpretation of s 7(3) of the Divorce Act. It firmly rejects the importation of English equal-division principles into South African law and clarifies that there is no presumption or starting point of equality. It emphasises that contribution remains the central and jurisdictional requirement for redistribution and that courts must respect the parties’ antenuptial contractual regime.