Comprehensive Study Guide: Re
South African Legal Fra
Business Law Study Gu
University of Cape Tow
Table of Contents
1. Introduction
2. Law of Marriage
2.1 Formation of Marriage
2.2 Civil Marriages
2.3 Customary Law Marriages
2.4 Religious Marriages
2.5 Proposed Changes to Marriage Law
3. Matrimonial Property Regimes
3.1 Marriage In Community of Property
3.2 Marriage Out of Community of Property
3.3 Marriage Out of Community with Accrual
3.4 Calculating Accrual Claims
3.5 Polygynous Marriages
4. Law of Succession
4.1 Testate Succession
4.2 Intestate Succession
4.3 Essential Definitions
4.4 Distribution Rules
4.5 Practical Examples
5. Important Case References
6. Practice Questions & Scenarios
1. Introduction to Relationships and Propert
This section covers the various types of marriages in South Africa and their co
the marriage and upon dissolution by divorce or death. It also examines how
that were not recognized before constitutional democracy, such as same-sex
Why This Matters
Understanding the legal consequences of marriages is crucial because it:
Affects one's capacity to enter into certain contracts
Is essential for financial planning
Impacts the administration and distribution of assets upon death
Determines property rights during and after marriage
"The trouble with some women is that they get all excited about nothing -
"By all means marry; if you get a good wife, you'll become happy; if you ge
, The RCMA defines customary law as "customs and usages traditionally obse
Requirements for Valid Customary Marriage
✓ Both prospective spouses must be above the age of 18 years
✓ Both must consent to be married to each other under customary law
✓ The marriage must be negotiated and entered into or celebrated in accord
Challenges in Proving Customary Marriages
It can be challenging for courts to determine whether a customary marriag
There is no system of mandatory or automatic registration
Different communities have different laws and customs
Courts must identify the specific laws of a particular community
Registration of Customary Marriages
Either spouse may apply to the registering officer to register the customary m
any additional evidence the registering officer may require to verify the exis
The failure to register a customary law marriage does not affect it
will be invalid if the husband did not obtain the consent of his first wife befo
Case Reference: Mayelane v Ngwenyama (2013) CC
The Constitutional Court held that, according to Tsonga customary law, th
a subsequent customary marriage. This ruling emphasized that customar
Constitution.
A couple married in terms of the RCMA, which is not polygynous, can change
Marriage Act.
2.4 Religious Marriages
One can be married according to religious rites, but these marriages are not a
These marriages will only be recognized as valid in South Africa if the religiou
Marriage Act.
Courts have recognized "invalid" religious marriages as valid for the purpose
The validity of the marriage for religious purposes depends on the rules of t
Recent Development: Women's Legal Centre Case
The Women's Legal Centre approached the Constitutional Court on 6 Augu
the Marriage Act and Divorce Act are unconstitutional insofar as they fail t
Sharia law. At the time of writing, the judgment was reserved.
2.5 Proposed Changes to Marriage Law in South Afr
In line with Section 9 of the Constitution (right to equality) and Section 10 (ri
overhaul of marriage laws in South Africa.
Key Proposed Changes
Consolidation of marriage types under one Act, covering all monogamo
South African Legal Fra
Business Law Study Gu
University of Cape Tow
Table of Contents
1. Introduction
2. Law of Marriage
2.1 Formation of Marriage
2.2 Civil Marriages
2.3 Customary Law Marriages
2.4 Religious Marriages
2.5 Proposed Changes to Marriage Law
3. Matrimonial Property Regimes
3.1 Marriage In Community of Property
3.2 Marriage Out of Community of Property
3.3 Marriage Out of Community with Accrual
3.4 Calculating Accrual Claims
3.5 Polygynous Marriages
4. Law of Succession
4.1 Testate Succession
4.2 Intestate Succession
4.3 Essential Definitions
4.4 Distribution Rules
4.5 Practical Examples
5. Important Case References
6. Practice Questions & Scenarios
1. Introduction to Relationships and Propert
This section covers the various types of marriages in South Africa and their co
the marriage and upon dissolution by divorce or death. It also examines how
that were not recognized before constitutional democracy, such as same-sex
Why This Matters
Understanding the legal consequences of marriages is crucial because it:
Affects one's capacity to enter into certain contracts
Is essential for financial planning
Impacts the administration and distribution of assets upon death
Determines property rights during and after marriage
"The trouble with some women is that they get all excited about nothing -
"By all means marry; if you get a good wife, you'll become happy; if you ge
, The RCMA defines customary law as "customs and usages traditionally obse
Requirements for Valid Customary Marriage
✓ Both prospective spouses must be above the age of 18 years
✓ Both must consent to be married to each other under customary law
✓ The marriage must be negotiated and entered into or celebrated in accord
Challenges in Proving Customary Marriages
It can be challenging for courts to determine whether a customary marriag
There is no system of mandatory or automatic registration
Different communities have different laws and customs
Courts must identify the specific laws of a particular community
Registration of Customary Marriages
Either spouse may apply to the registering officer to register the customary m
any additional evidence the registering officer may require to verify the exis
The failure to register a customary law marriage does not affect it
will be invalid if the husband did not obtain the consent of his first wife befo
Case Reference: Mayelane v Ngwenyama (2013) CC
The Constitutional Court held that, according to Tsonga customary law, th
a subsequent customary marriage. This ruling emphasized that customar
Constitution.
A couple married in terms of the RCMA, which is not polygynous, can change
Marriage Act.
2.4 Religious Marriages
One can be married according to religious rites, but these marriages are not a
These marriages will only be recognized as valid in South Africa if the religiou
Marriage Act.
Courts have recognized "invalid" religious marriages as valid for the purpose
The validity of the marriage for religious purposes depends on the rules of t
Recent Development: Women's Legal Centre Case
The Women's Legal Centre approached the Constitutional Court on 6 Augu
the Marriage Act and Divorce Act are unconstitutional insofar as they fail t
Sharia law. At the time of writing, the judgment was reserved.
2.5 Proposed Changes to Marriage Law in South Afr
In line with Section 9 of the Constitution (right to equality) and Section 10 (ri
overhaul of marriage laws in South Africa.
Key Proposed Changes
Consolidation of marriage types under one Act, covering all monogamo
