The Matrimonial Property Systems in South Africa

The 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:

• Marriages in community of property 

• Marriages out of community of property without the accrual system; and: –

• Marriages out of community of property with the accrual.

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.

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