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Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of ...
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 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.
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 ...
Community property (United States) also called community of property (South Africa) is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and ...
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.
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 ...
As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. [3] [4] Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects', [5] and which deals with rights, [6] [7] or 'the claim that a legal subject has on a ...