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variable consequences of marriage, Marriage and matrimonial Property Law…
variable consequences of marriage
out of COP
Marriage out of COP + Accrual
Historical over view
Prior to 1 Nov 1984
2 systems of marriage
IN COP
husband- martial power = power over join estate on behalf of wifes
OUT COP - COMMUNITY PROFIT AND LOSS
After 1 Nov 1984
Matrimonail Property Act
-
Abolished Husbands matrtial Power
-introduced 3rd matrimonial system
OUT COP + ACCURAL
DID NOT APPLY
FOR BLACKS UNTIL
2 DEC 1988
Black administration Act:
default- OUT COP
COP
Assets + liabilities= estate joint
owners of undivided share
income stante matrimonio (during marriage) + debt
dissolution of marriage = divided estate 2 equal portions
rebuttable presumpion of marriage
valid postnuptial contract
husband
domiciled
in country automatically
out COP
existing valid antenuptial conract
Black Adminitraton Act 38 of 1927 black marriages before 2 dec 1988 =
OUT COP
UNLESS
Spouses made a joint written declaration -magistrate, commissioner or marriage officer one month prior to marriage
Marriage and matrimonial Property Law Amendment Act 3 of 1988