Good morning, regarding the matrimonial property act, 1984 act n 88 of the republic of south africa, i would like to enquire the following. Regarding the matrimonial property act, 1984 act n 88 of. An act to amend the matrimonial causes act 1973 so far as it restricts the time within which proceedings for divorce or nullity of marriage can be instituted. The law on matrimonial property at the time, the english married women. Section 21 of the matrimonial property act, 1984 act no. Feb 17, 2012 good morning, regarding the matrimonial property act, 1984 act n 88 of the republic of south africa, i would like to enquire the following. Amendment of section 21 of act 88 of 1984, as amended by. The defendants further submission was that section 226 of the black administration act did not regain the force of law on the 9 th of may 1996 and therefore its reference in the matrimonial property act 88 of 1984 as amended and divorce act 70 of 1979 as amended respectively, refers to marriage entered into before the commencement of. The beginning of the end dissolution of marriage under. Property owned by one or both of two persons who are married to one another which, upon the application of one of the spouses to a court, is subject to division between them.
May 09, 2014 with due acknowledgement to the law society of south africa the matrimonial property act 1984. Hodgson,2 the court of appeal interpreted the act to require valuation as of the date of trial. In this act contract includes the acceptance of any trust, or the office of. In the traditional setting people practiced customary law which encouraged polygamy and generally discouraged the owning property by women. Section 152 of the matrimonial property act 88 of 1984 the act provides that a spouse in a marriage in community of property shall not bind himself or herself. Womens property and use rights in personal laws gender. Section 15 amended by justice laws rationalisation act 18 of 1996. The sca recently ruled on the validity of civil marriages concluded subsequent to a customary marriage in the matter of nekshituka vs nekshituka.
There is a certain scope for confusion or at least uncertainty as to whether s 102 of the recognition of customary marriages act 120 of 1998 the act provides for spouses in a subsisting customary marriage in community of property, who later contract a marriage with each other under the marriage act 25 of 1961, to enter into an antenuptial contract thereby in effect. In the traditional setting people practiced customary law which encouraged polygamy and generally discouraged. November 1984, there are three forms of matrimonial property. The matrimonial proceedings and property act 1970 primarily deals with questions in regards to the cash payments from one spouse to the other or for the benefit of the child in cases of divorce and to the adjustment of the property rights of spouses in light of a breakdown of marriage. Pdf section 18b of the matrimonial property act 88 of 1984 allows for non patrimonial damages to be claimed by a spouse married in community of. The property of married persons the precise definition of what might be included in matrimonial property differs from jurisdiction to jurisdiction. This act may be cited as the matrimonial proceedings and property act. Matrimonial property act traditional role of women before. Section 18 amended by national credit act 34 of 2005 from 1 june 2006.
Short title this act may be cited as the matrimonial property act, 20. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Womens property and use rights in personal laws gender and. The court has extensive powers1 in divorce, nullity, and judicial separation.
The matrimonial property act made a key change to the material basis of marriage by giving effective recognition to the contributions made by a non earning spouse most commonly the housewife in raising children and maintaining a home etc. Section 15 1 a of the matrimonial property act 88 of 1984 provides that a spouse married in community of property. Such marriages entered into after the commencement of the act are automatically governed by a community property regime, rather than by separation of property, and subject to chapters 2 and 3 of the matrimonial property act number 88 of 1984, which increased the legal protection afforded to women in marriage. This is a marriage in terms of the marriage act no 25 of 1961 and the matrimonial property act no 88 of 1984. Matrimonial and family proceedings act 1984 1984 chapter 42. Any changes that have already been made by the team appear in the content and are referenced with annotations. Albertas matrimonial property act1 does not specify a valuation date. This act may be cited as the matrimonial causes act. Endorsement of deeds on divorce, division of joint estate, or change of matrimonial property system. Valuation date matrimonial property introduction in preparing for this family law 25 panel, and on being assigned the area of matrimonial property, i have come to realize that while there have been important cases decided by our courts this past.
New marriage matrimonial property act 88 of 1984 a handbook on how to plan or change matrimonial property systems in south africa after november 1, 1984 by a. Interpretation in this act, unless the context otherwise requires. The matrimonial property act made a key change to the material basis of marriage by giving effective recognition to the contributions made by a non earning spouse most commonly the housewife in raising children. The matrimonial property act of alberta sets out specific guidelines with regard to the division of property of a legally married husband and wife whose marriage has broken down and who cannot agree on the division of their assets. Note this electronic version of this statute is provided by the office of the legislative counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. In terms of the matrimonial property act 88 of 1984 there are 3 matrimonial property systems available in south africa marriage in community of property. Matrimonial property act 88 of 1984 south african government. Matrimonial property act, 1984 wikisource, the free. This act may be cited as the married persons property act. The matrimonial property act bregman moodley attorneys. Marriages out of community of property without accrual 3.
In terms of the matrimonial property act 88 of 1984. Usually, the parties have to be physically separated before a court will entertain an application to identify and divide alleged matrimonial assets. I dont want your money honey recognition of customary. Matrimonial causes act part viii enforcement of decrees 88. Whether you are already married or if you intend getting married shortly, it is important to know that this act associations has a direct effect on your assets. This gave women a financial stake within a marriage and left women the financial basis they needed to. Similarly, if your contract was not registered timeously you may apply to court for permission for late registration of your contract in terms of section 88 of the deeds registries act. S 21, 2526 amended by intestate succession act 81 of 1987. How the matrimonial property act can affect you in case you get divorced. In accordance with the matrimonial property act 88 of 1984, which came into operation on 1 november 1984, there are three forms of matrimonial property. Marriage and matrimonial property law amendment act no. Published 1984 by cosmos publications in marshalltown, johannesburg, south africa.
Marriage and matrimonial property law amendment act, 1988. The court of appeal held that nonmonetary contribution in kind did not count and that a wife had to prove direct financial contribution. Matrimonial proceedings and property legal affairs. There is a antenuptial contract where it is stated that the marriage is subject to the accrual system in terms of the provisions of chapter i. With due acknowledgement to the law society of south africa the matrimonial property act 1984. In order to change your matrimonial property system, the act provides the following requirements. In terms of the matrimonial property act 88 of 1984 i, spouse of virgin money credit card applicant vm 023 05022008 client ref if you have any queries, please give us a tinkle on 0860 vmoney 866 639 or hop onto za. Matrimonial proceedings and property amendment act, 1988. Enforcement of maintenance orders by attachment of earnings. It is hereby notified that the state president has assented to the following act which is hereby published for general information. Please note that most acts are published in english and another south african official language.
An act of parliament to provide for the rights and responsibilities of spouses in relation to matrimonial property and for connected purposes part i preliminary 1. Amended by judicial matters amendment act 66 of 2008 from 17 feb 2009. New marriage matrimonial property act 88 of 1984 1984. Sca judgement netshituka practice note 67 validity of civil marriages concluded subsequent to the entering of a customary.
In essence and for the duration of the marriage, it is basically the same as marriage out. Amended by national credit act 34 of 2005 from 1 june 2006. Read the judgment pdf and a practice note copied and pasted below the judgement. After independence kenya adopted laws from britain. The act which takes into account nonmonetary contribution to the acquisition of matrimonial property renders the five bench court of appeal decision in court of appeal decision in echaria v echaria, bad law. Marriage out of community of property without the accrual system.
Historically, marriage had the specific purpose of perpetuating ones lineage, and in the process bestowing social status on men. Change of matrimonial property system post nuptial. There is a antenuptial contract where it is stated that the marriage is subject to the accrual system in terms of the provisions of chapter i of the above mentioned act. Where proceedings forntsattachme are brought in a court under section 88 of this act, or where proceedings are taken in a court of summary jurisdiction to.
Matrimonial proceedings and property amendment act, 1988 no. Matrimonial property act 88 of 1984 afrikaans text signed by the state president assented to. Endorsement of deeds on divorce, division of joint. Amended by marriage and matrimonial property law amendment act 3 of 1988. Also referred to, in some jurisdictions, as family assets or matrimonial assets. Act, other than marriages in respect of which the matrimonial property system is was governed by section 22 6 of the black administration act, 1927 20 act no.
The 3 matrimonial property systems in south africa iedivorce. S 1 amended by general law fourth amendment act 2 of 1993. It came into force on 1 november 1984 in terms of proclamation no. This act amends the trinidad and tobago matrimonial proceedings and property act, chapter 45. Prior to the amendment of the act, a married woman could not deal in immovable property without the assistance of her husband 7. Matrimonial property amendment act 91 of 1986 intestate succession act 81 of 1987 marriage and matrimonial property law amendment act 3 of 1988.
Under lord dennings decision in bendall v mcwhirter 1952 2 qb 466, a deserted wife occupying the. Matrimonial property act, 1984 wikisource, the free online. Jan 29, 2018 entered into before the commencement of the marriage and matrimonial property law amendment act, 1988, in terms of section 22 6 of the black administration act, 1927 act no. I will show that the matrimonial property act 88 of 1984 the act does provide for the division of the growth of the marriage without the parties thereto actually instituting divorce proceedings. Application of act to property 2 this act applies to real and personal property whether acquired by a spouse before, on or after the first day of october, 1980. In accordance with the matrimonial property act 88 of 1984, which came into operation on 1 november 1984, there are three forms of matrimonial property regimes in south africa, namely. In accordance with the matrimonial property act 88 of 1984, which came into operation on 1. The interest that either party enjoys from time to time as owner of the assets described below, all liabilities presently associated therewith, or any other asset acquired by him or her by virtue of his or her possession or former. Recent matrimonial property case law, and alri report 107. There are outstanding changes not yet made by the legislation.
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