Amended by national credit act 34 of 2005 from 1 june 2006. It is hereby notified that the state president has assented to the following act which is hereby published for general information. 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. Section 21 of the judicial matters amendment act 66 of 2008 came into operation on 17 february 2009 gn 166 gg 31908 of 17 february 2009. Want of consent, and suspension of powers of spouse 17. 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. Marriages out of community of property with accrual. Recognition of customary marriages act 120 of 1998 3. Matrimonial property act alberta queens printer government of. Matrimonial property act chapter m8 table of contents 1 definitions 2 knowledge of void marriage part 1 matrimonial property 3 application by spouse 4 form of application 5 conditions precedent to application 6 time for application 7 distribution of property 8 matters to be considered 9 power of the court. The decision of lourens et uxor 1986 2 sa 291 c sets out guidelines that the courts generally appear to have followed with regard to applications in terms of section 211 of the matrimonial property act no. Matrimonial property act 88 of 1984 south african government.
Amended by general law fourth amendment act 2 of 1993. The act ensures that the spouses administer the joint estate equally and together except in special circumstances. Act that are filed as alberta regulations under the regulations act. Published 1984 by cosmos publications in marshalltown, johannesburg, south africa. 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. 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. Extension of period for proceedings for decree of nullity in respect of voidable marriage. Matrimonial property act 88 of 1984 justice home pdf book. Pdf section 18b of the matrimonial property act 88 of 1984 allows for nonpatrimonial damages to be claimed by a spouse married in community of. 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. Matrimonial property amendment act 91 of 1986 intestate succession act 81 of 1987 marriage and matrimonial property law amendment act 3 of 1988. Jan 29, 2018 sections 1 and 2 of the matrimonial affairs act, 1953 act no.
There is a antenuptial contract where it is stated that read more. The beginning of the end dissolution of marriage under. The time has now come for namibia to liberate itself from these colonial laws, and embark on similar reform. Matrimonial property act 88 of 1984 matrimonial property act 88 of 1984 afrikaans text signed by the state president assented to. Regarding the matrimonial property act, 1984 act n 88 of. 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. Amended by judicial matters amendment act 66 of 2008 from 17 feb 2009. The accrual system referred to in chapter 1 of act 88 of 1984 the act the matrimonial property act but excluding any amendments thereto shall apply to the intended marriage between the parties.
Marriages out of community of property without accrual. The answer can be found in section 21 of the matrimonial property act, 1984 act no 88 of 1984. 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. Section 15 of the matrimonial property act 88 of 1984 provides that a spouse in a marriage in community of property may not perform certain juristic acts, with. Please note that most acts are published in english and another south african official language. It is, therefore, important that you consider it carefully. Section 18b of the matrimonial property act 88 of 1984 allows for nonpatrimonial damages to be claimed by a spouse married in community of property against hisher spouse. Matrimonial property act, 1984 wikisource, the free online. Read online matrimonial property act 88 of 1984 justice home book pdf free download link book now. Legislation atrimonial property act section 21 of the. Amended by justice laws rationalisation act 18 of 1996.
All books are in clear copy here, and all files are secure so dont worry about it. 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. Matrimonial property act, 1984 wikisource, the free. The decision of lourens et uxor 1986 2 sa 291 c confirm the guiding principles that the court follow with regard to applications in terms of section 211 of the matrimonial property act no. Aug 06, 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. The following is a list of the regulations made under the matrimonial property. Postnuptial registration of antenuptial contracts bregmans. Marriages out of community of property without accrual 3. What is yours is ours with or without your consent hogan lovells. Matrimonial property act updated to 17 february 2009 act 88 of 1984 gon 1517, g. If the marriage of the deceased was subject to the accrual system as contemplated in section 2 of the matrimonial property act 88 of 1984, the executor must compare the nature and extent of any growth in the deceased estate and that of the surviving spouse that might have taken place during the marriage for purposes of calculating the value of. Litigation by or against spouses chapter iv general provisions 18. County court proceedings in principal registry of family division.
The contract provided as follows in the pertinent respect. Matrimonial proceedings and property legal affairs. Good morning, regarding the matrimonial property act, 1984 act n 88 of the republic of south africa, i would like to enquire the following. In terms of this section, you and your spouse can apply jointly for leave to change your matrimonial property system, irrespective on when and how you married. Download matrimonial property act 88 of 1984 justice home book pdf free download link or read online here in pdf. It came into force on 1 november 1984 in terms of proclamation no. Certain damages excluded from community and recoverable from other. B e it enacted by the queens most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament. Sections 1 and 2 of the matrimonial affairs act, 1953 act no.
Matrimonial and family proceedings act 1984 1984 chapter 42. Matrimonial property act 88 of 1984 justice home pdf. New marriage matrimonial property act 88 of 1984 1984. Short title this act may be cited as the matrimonial property. Matrimonial property act 88 of 1984 afrikaans text signed by the state president assented to. Highlights of the matrimonial property act, 20 ochiel j dudley legal researcher. The limitations which the matrimonial property act no 88 of 1984, places on the powers of the spouses to deal with the property in the joint estate protects the interests of each spouse in the joint estate. Marriage and matrimonial property law amendment act, 1988. Accordingly, after 1984 couples could elect to be married in community of property, out of community property as they. 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. 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. Section 111 of the matrimonial property act 88 of 1984 the act repealed the marital power that included the right of a husband in a marriage in community of property to alienate assets forming part of the joint estate to the prejudice of his wife.