Matrimonial Property Law regulates the rules and principles that determine the financial consequences of divorce and marriage. The Matrimonial Property Act 88 of 1984, which came into effect on 1st November 1984 states there are three forms of matrimonial property regimes in South Africa, namely:
It is essential that potential spouses understand the consequences of the matrimonial property regimes prior to them getting married to protect their futures as the systems are very different from one another and lastly, they must ensure that they execute their decision in terms of the correct procedures.
Powers of spouses
Subject to the provisions of subsections (2), (3) and (7), a spouse in a marriage in community of property may perform any juristic act with regard to the joint estate without the consent of the other spouse.
Such a spouse shall not without the written consent of the other spouse-
A spouse shall not without the consent of the other spouse-
awarded to the other spouse;
Want of consent, and suspension of powers of spouse
Litigation by or against spouses
Certain damages excluded from community and recoverable from other spouse
Notwithstanding the fact that a spouse is married in community of property-
Liability for delicts committed by spouses
Power of Court to order division of the estate
A Court making such an order may order that the community of property be replaced by another Matrimonial property System, subject to such conditions as it may deem fit.’