The Constitutional Court has dismissed an application which sought an answer as to whether or not a post-nuptial agreement entered into by the parties during their marriage - without court supervision - is valid and enforceable.
The court said on Tuesday that since the constitutional issues raised in this case were raised for the first time in the highest court in the land, it was not in the interests of justice to grant the woman leave to appeal.
The case has been through the regional court, the high court and the Supreme Court of Appeal before it reached the Constitutional Court.August 1993, a female accountant and a male chartered accountant were married out of community of property, with the exclusion of accrual.The terms of the agreement were that her husband would set aside the ante-nuptial contract, Mrs AM would be entitled to half of his estate, and that the husband would pay her maintenance.
She presented it to her husband on two occasions during that year but he refused to sign it. He eventually signed it on November 10 to, according to him, maintain peace in his house and for the sake of their minor daughter. When the man issued summons for divorce in the Mbombela regional court in January 2015, Mrs AM sought a declaratory order to the effect that the post-nuptial agreement was valid and binding on the parties.
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