Potential New Advancements Regarding Marriage Out Of Community Of Property
Although marriage may be the happiest moment in an individual’s life, it raises the question as to which marriage regime would govern the union. A Recent judgement brought down by the Gauteng High Court has sparked potential change regarding Marriage out of community of property without the accrual. In the Matter between Greyling v The Minister of Home Affairs and Others, the court declared s7(3)a of the Divorce Act unconstitutional. According to S7(3)a of the Divorce Act, parties who enter into a marriage regime out community of property without the accrual before 1984, were allowed to be granted assets upon divorce. However, as a result of this judgement it now gives the court the power to grant an order regarding assets to be distributed upon divorce despite being married out community of property without the accrual after 1984. Although the judgement is yet to be confirmed by the Constitutional Court, it will however introduce many more debates and will affect couples who choose this marriage regime to protect their assets.
