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There are several marital property regimes which can apply to a marriage in South Africa. By default, if a couple does not sign an antenuptial contract before the marriage, they are married in community of property, which means that all of their assets and liabilities (even those acquired before the marriage) are merged into a joint estate, in which each spouse has an undivided half-share.
The law of divorce for civil partnerships is the same as that for marriage. The Civil Union Act makes no explicit provisions for the recognition of foreign unions. Based on the principle of lex loci celebrationis, a foreign marriage (including a same-sex marriage) is recognised as a marriage in South African law. However, the status of foreign ...
The act states that the financial status of marriages that existed before the act came into force continues to be regulated by customary law; however in the case of Gumede (born Shange) v President of the Republic of South Africa and Others the Constitutional Court found this unconstitutional and determined that such marriages, if monogamous ...
The Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa.It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984.
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage.
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...
Marriage Act, 1961 (South Africa) Marriage Bill, 2023; P. Prohibition of Mixed Marriages Act, 1949; R. Recognition of Customary Marriages Act, 1998
Same-sex marriage in South Africa (5 P) Pages in category "Marriage, unions and partnerships in South Africa" The following 6 pages are in this category, out of 6 total.