image: Karolina Grabovska
Wife, despite signing the Anty-Neptuel Contract (ANC), moved to the Gauteng High Court in Johannesburg, which was a community of marriage to get her marriage recognized under the Curable Law, saying that this property was a community of marriage. The court admitted that ANC was discussed only after the customary marriage. As a result, the court ordered and rejected an appeal.
Resentment, the husband approached the SCA, saying that he never agreed to any form of marriage in a customary marriage or property community. He acknowledged his participation in traditional customs, but insisted that it is to embrace their culture, not to form a marriage formal. The husband argued that from the beginning of their relationship, they intended to marry under civil law, out of the property of the property, to protect their interests using ANC.
He indicated the wife’s business undertakings and loans, which he claimed that he had settled. Protecting their children’s financial interests and assets from potential claims by former wives were important ideas for them. After traditional customs, he consulted, executed, and registered ANC, which specifies any community of property and applies the interest system. The husband also agreed to donate his property and a 50% stake in a Mercedes-Benz.
At SCA, Judge Sharis Erica Vener visited the wife’s statements and observed discrepancies at the beginning of new evidence. Despite demanding validation of customary marriage and invalidating ANC, the wife did not deny, in her answer affidavit, the parties intend to marry the property community. Judge Venner concluded that the High Court did not use its discretion properly, and the order was kept separate,
Source: IOL News
Do you think the wife is fair on this matter? Let’s attach.