When couples marry out of community of property with the accrual system, they usually declare the starting value of their estates (the commencement value). The Supreme Court of Appeal in Manelis v Manelis clarified exactly how binding that declared value is.
The Legal Question
If you declare your net worth as R0 (or R1 Million) in your Antenuptial Contract (ANC), can you later argue during a divorce that the real value was actually different? Previously, South African High Courts were conflicted. Some cases (like Thomas and TN v NN) held that the ANC only provided prima facie (at first sight) proof, meaning it could easily be challenged[cite: 2]. Other cases (like Olivier) held the value was a binding contract[cite: 2].
What the Court Decided
In Manelis v Manelis [2025] ZASCA 55, the Supreme Court of Appeal resolved this conflict. The Court ruled that where spouses declare a commencement value inside the ANC itself, that declaration serves as conclusive contractual proof of the value[cite: 2].
The Court explained that Section 6(3) of the Matrimonial Property Act—which allows for values to act only as prima facie proof—applies only when spouses fail to state a value in their ANC and instead use a separate, subsequent statement[cite: 2].
⚖️ The Legal Principle
"Where a party has declared the commencement value of his or her estate in an antenuptial contract, such antenuptial contract serves as conclusive proof of the commencement value of the estate of the party concerned." (Manelis v Manelis [2025] ZASCA 55 para 42)[cite: 2].
What This Means in Plain English
If you and your partner agree to and sign an ANC that states your starting value is R500,000, you are bound by that contract[cite: 2]. You cannot simply arrive at divorce court years later and claim your estate was actually worth R2 Million unless you can prove recognized common-law contractual defenses like fraud, misrepresentation, or mutual mistake requiring rectification[cite: 2].
What This Means for Couples
- Accuracy is key: Have you recorded your commencement values correctly in your draft ANC?
- No easy take-backs: Are you assuming you can simply correct the numbers later without formal legal grounds?
- Consultation: Have you discussed your assets and debts truthfully with your Notary?
These are critical questions to discuss with a qualified legal professional before signing your contract.
⚠️ What This Case Does Not Mean
This case does not mean an ANC can never be challenged. If the value was inserted due to deceit, fraud, or a genuine mutual error by both parties, the contract can still be attacked using normal contractual defenses[cite: 2]. It simply means you cannot casually dispute the value just because you later realize it was inaccurate[cite: 2].
Understand Before You Choose
Marriage out of community of property with accrual requires precise financial understanding. Consider the implications of the values you declare before you say 'I do'.