Family Law

Dissolution of a Civil Marriage

Towards the end of your consultation with Mrs van der Klerk she conveys to you that she and Mr van der Klerk entered into a duly executed and registered antenuptial contract prior to their marriage in 1975 which excluded community of property and community of profit and loss. Today Mr van der Klerk's estate is worth R4.5 million and hers is only worth about R100 000. Feeling very sorry for herself, Mrs van der Klerk tells you that, during the subsistence of the marriage, she maintained the household, raised the children singlehandedly and also assisted Mr van der Klerk in his business as an undertaker, working her fingers to the bone without ever receiving any remuneration. Advise Mrs van der Klerk whether she has a claim against Mr van der Klerk's estate. Clearly explain to her what the prerequisites and requirements for such a claim are and refer to applicable reported case law to substantiate your answer. 20 marks

Please include references and context is Namibia/South Africa.