How The Latest Judgement affects Marriages with Accrual in South Africa

The latest Judgement in Manelis v Manelis on 9 May 2025 could have significant consequences on marriages with Accrual in South Africa, we look at the judgement and consider how it might affect South African Marriages and Divorces from 2025.

MARRIAGE – ACCRUAL CLAIMS AND ANTENUPTIAL CONTRACT – A LOOK AT MANELIS V MANELIS

In its judgment in Manelis v Manelis on 9 May 2025, the Supreme Court of Appeal gave us a better understanding of how South African courts deal with “accrual” in marriages where the couple have signed an Antenuptial Contract (commonly called an “ANC”).

If you’re married out of community of property with accrual—or thinking about signing an ANC —this case matters to you.

FIRST, WHAT DOES “ACCRUAL” MEAN?

If you’re married out of community of property with accrual, it means that each spouse keeps their own assets during the marriage. But when the marriage ends (usually through divorce or death), you calculate how much each person’s estate (everything they own, minus debts) has grown. The spouse whose estate grew less is entitled to half the difference in value of the estates of the spouses. This is called the accrual claim.

WHAT WAS MANELIS v MANELIS ABOUT?

A wife and husband were married with an ANC that included the accrual system. Before they got married, they signed an ANC where:

• The wife said she had no assets at the start of the marriage.
• The husband said his estate was worth R68.7 million at that time.

Years later, during their divorce, the wife believed that the husband had exaggerated his starting value. She claimed that if the true figure had been used, she would be entitled to around R18 million based on how much his estate had grown during the marriage.

She asked the Court to let her go back and challenge the amount stated in the ANC.

THE KEY LEGAL QUESTION

Can someone later dispute the value their spouse declared at the start of the marriage in a signed and registered ANC?

The law (the Matrimonial Property Act) says that an ANC—or a separate document called a “Section 6 statement”—can be used to prove how much a person had in their estate at the beginning of the marriage. But some past court cases weren’t clear on whether this proof is final or just a starting point that can be challenged.

So, could the wife go back and try to prove that the R68.7 million the husband had declared in their ANC wasn’t accurate?

WHAT THE COURT DECIDED

The Court said NO and explained that:

• An ANC is a contract. It’s a mutual agreement. If both people agree on the starting value in writing, that number is final.
• The only way to change what’s in an ANC is to prove that there was fraud, misrepresentation, or a mistake when signing it—things like lying, pressuring someone to sign, or both people being confused about the terms. The wife didn’t do that in Manelis.
• There’s a difference between an ANC and a separate written statement made later (within six months of the marriage). The court said that only these separate statements can be challenged more easily, because they aren’t a mutual agreement—they’re just one person’s declaration.

THE RESULT

Because the ANC listed the husband’s starting value as R68.7 million—and the wife didn’t prove any fraud or mistake—she was stuck with that number.

By the time of their divorce, the husband’s estate had decreased (based on the agreed inflation-adjusted amount of R129 million). Even the wife’s own financial expert showed that the husband’s estate was worth less than that. So, under the law, there was no accrual—and the wife was not entitled to any payment.

Why this matters for Marriages with Accrual in South Africa?

This case is a big deal if you:

• Already have an ANC with accrual – The numbers in your agreement are final unless you can prove something seriously wrong happened when you signed it.
• Are getting married and signing an ANC – Be very careful and accurate with what you say your estate is worth at the time. Don’t just guess or exaggerate—get proper financial advice. You won’t be able to change it later just because you think it was wrong.

WHAT SHOULD YOU DO?

• Review your ANC carefully. If you’re married with accrual and unsure what you signed, now is the time to check.
• Be accurate and honest. If you’re about to get married, get proper valuations of your assets before declaring your starting value.
• Get legal advice. A family lawyer can help you understand your rights and make sure your agreement is fair and enforceable.

If you have questions about how the accrual system works or need help understanding your ANC, it’s best to speak to an attorney who specialises in family law. Legal documents are binding, and misunderstandings can cost you millions later on.