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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 ...
Daniels approached the High Court of South Africa for an order declaring that she was the spouse and survivor of the deceased, or, alternatively, for an order declaring that the Intestate Succession Act and Maintenance of Surviving Spouses Act were unconstitutional to the extent that they discriminated unfairly against Muslim marriages.
The applicant approached the High Court of South Africa for an order declaring that she – and other surviving partners of polygynous Muslim marriages – were entitled to the protections granted to surviving spouses under the Intestate Succession Act and Maintenance of Surviving Spouses Act. Alternatively, if and insofar as the Acts could not ...
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 ...
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.
Community of Acquests and Gains: Each spouse owns an undivided half-interest in all property acquired during the marriage, except for property acquired by gift or inheritance during the marriage, which is separate property; or which traces to separate property acquired before the marriage, which remains separate property; or which is acquired during a period when the couple are permanently ...
The object is to prevent widow(er)s and divorce(e)s, and their minor children, being cast into poverty by the death or divorce of the richer spouse. Accrual System (South Africa) or Deferred Community Property : Marital property is separately owned during the marriage, but after marriage (divorce, death of a spouse), the net assets are lumped ...