PVL2601 - 10. Variable Consequences of A Civil Marriage

PVL2601 - 10. Variable Consequences of A Civil Marriage What are the Variable Consequences of A Civil Marriage? - answer-1. Marriages in COP are the primary matrimonial system in S.A. 2. Marriages after Nov 1984 - are in CoP with accrual system unless anc directs otherwise 3. COP excluded - existence of a valid ANC wherein COP & loss excluded, domicilii of husband (so if husband is domiciled in England marriages automatically out), black marriages. 4. Assets - the moment they enter into a marriage in COP the spouses become co owners of all assets & debts either of them owned prior to marriage. This transfer of ownership takes place automatically by operation of law - so no registration of immovable property need take place. Discuss the variation with respect to Assets. - answer-Assets excluded are: 1. Assets excluded in an ANC 2. Assets excluded by will or deed of donation 3. Assets subject to a fideicommissum or usufruct 4. Engagement gifts - jocalia 5. Benefits under the Friendly Society Act - section 17 6. Non patrimonial damages - any damages claimed fro delict committed against him ,also disability payments 7. Cost in matrimonial action 8. Assets which replace separate assets 5. Assets such as a house owned before marriage is part of joint estate. 6. Non patrimonial damages in a delictual action is an award not part of joint estate. 7. Wedding ring not part of joint estate...