In this case, the court confirmed the approach of adopted by some courts and held that the commencement values stated in the ANC for the purposes of the accrual calculation is just prima facie proof of the values of the estates on date of marriage and that this applies between the parties to the marriage as well as to third parties. This confirms that these values are not set in stone and that evidenced can be produced to show the accrual calculation should be based on a different commencement value than the value set out in the ANC. The court also went on to make a maintenance award, to be paid by one party and stated that, if necessary, that party should call on his loan account with his family Trust to provide the funds for such maintenance. Trustees of family Trusts are reminded by this of the extent to which a Trust may become involved in divorce proceedings between one more of the beneficiaries of the Trust.

For more information on this case, read below:

E v E (4387 of 2017P) [2019] ZAKZPHC 40 (3 June 2019) estate values provided in ANC for accrual purposes are prima facie proof