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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 ...
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 ...
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 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 forms of partnership other than marriage, such as civil unions or domestic ...
"subordinate legislation made in terms of a provincial Act"; and "legislation that was in force when the Constitution took effect and that is administered by a provincial government." [6] There are a large number and variety of statutes in South Africa—including Acts, ordinances, proclamations, by-laws, rules and regulations.
Volks NO v Robinson and Others is an important decision in South African family law and law of succession.In a majority judgment written by Justice Thembile Skweyiya, the Constitutional Court of South Africa dismissed a challenge to the constitutionality of the Maintenance of Surviving Spouses Act, 1990.
Daniels v Campbell Court Constitutional Court of South Africa Full case name Daniels v Campbell NO and Others Decided 11 March 2004 (2004-03-11) Docket nos. CCT 40/ 03 Citations ZACC 14 ; 2004 (5) SA 331 (CC); 2004 (7) BCLR 735 (CC) Case history Prior actions Daniels v Campbell NO and Others 2003 (9) BCLR 969 (C) in the High Court of South Africa, Cape of Good Hope Provincial Division Related ...