Marriage and Union Laws

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What are the legal requirements for excluding the default matrimonial property system in South Africa?

Entering into a union (antenuptial) contract.

How can the presumption of community of property be rebutted?

By a valid union contract, the law of the matrimonial domicile, or Muslim marriages.

What assets and debts are included in the joint estate?

Corporeal things, rights and claims with a positive monetary value that are incorporeal, and assets that vest by operation of law.

What are the consent requirements for alienation of immovable property?

Written attested consent Signup and view all the answers

What is the effect on the validity of a transaction if the consent requirements are not complied with?

The transaction is void and the asset can be reclaimed Signup and view all the answers

What protective measures are provided for a spouse who enters into a transaction contrary to the consent requirements?

Section 15(9)(a) - Protection for a bona fide third party; Section 15(9)(b) - Protection for spouse whose consent was required; Section 16(1) - Protection for spouse if consent is withheld unreasonably or cannot be obtained for a good reason Signup and view all the answers

What are the possible ways in which the community of property can be terminated?

Death; Divorce; An order for division in terms of s 20; A change in the matrimonial property system in terms of s 21 Signup and view all the answers

Can Y claim (a), (b), and (c) from X? Why or why not?

Yes, Y can claim (a), (b), and (c) from X. According to section 18(b) of the Matrimonial Property Act, a spouse can recover damages from the other spouse in respect of bodily injuries suffered by them if it is attributable either wholly or in part to the fault of that spouse. In this case, X forcefully pushed Y out of the car, causing her multiple injuries. Therefore, Y can claim for medical expenses, loss of salary, and pain and suffering from X. Signup and view all the answers

If Y succeeds with her claim against X, will the moneys she receives for (a), (b), and (c) fall into the joint estate?

No, the moneys Y receives for (a), (b), and (c) will not fall into the joint estate. According to section 18(b) of the Matrimonial Property Act, damages received by a spouse for bodily injuries suffered from the other spouse do not fall into the joint estate but become the separate property of the injured spouse. Signup and view all the answers

Can Y claim for the damage to the car from X?

No, Y cannot claim for the damage to the car from X. In this case, the damage to the car was not caused by a delict committed by X against Y. The damage to the car was a result of the heated argument and X forcefully pushing Y out of the car. Therefore, Y cannot claim for the damage to the car from X. Signup and view all the answers

What is the general rule regarding joint debts in a marriage in community of property?

The general rule regarding joint debts in a marriage in community of property is that joint debts can be recovered from separate estates or the joint estate of the spouses, without a particular order. However, there is an exception to this rule, which is provided in section 19 of the Matrimonial Property Act. This section allows for a specific order of recovery and provision for an adjustment at the division of the joint estate. Signup and view all the answers

Antenuptial Contract

A legal agreement entered before marriage to exclude the default matrimonial property system.

Rebutting Community Property Presumption

To oppose the assumption of community property through specific legal means.