Wife Who Ran Family Lodge Without Pay Challenges Her Antenuptial Pact in Court

A woman in Mpumalanga is asking the High Court to reconsider her financial rights after doing years of unpaid work for the family lodge she ran with her now-divorcing husband despite having signed an antenuptial contract that excluded her from claiming his estate.

Her Case: Unpaid Work, Real Contribution

• She detailed her involvement in the lodge in an administrative role, raising their children and giving emotional support all without a salary.

• Her argument is that her contributions have been vital to building her husband’s property portfolio and business success.

• Even though their antenuptial contract excludes accrued benefits, she’s asking for an “equitable remedy” a redistribution of assets based on justice, not just the letter of the contract.

Legal Ground: More Than Just Money

• She cited a recent Constitutional Court ruling (EB vs ER) that opens the door for redistribution even when spouses have separate estates.

• Acting Judge SM Msibi allowed her to amend her court papers to include this claim.

• The judge noted she is not trying to undo the antenuptial contract rather, she’s invoking a right to fairness made possible by recent legal developments.

What This Means Going Forward

• Courts may increasingly recognise non-financial contributions like caregiving and business admin when dividing assets.

• This case illustrates how marriage laws are evolving: property regimes that once shut certain spouses out may now be challenged under principles of justice and equity.

• If successful, her claim could set a precedent for others married out of community of property who have helped build their partner’s wealth.