Matrimonial Law


MATRIMONIAL LAWThe Marriage Act, 1961 (Act No. 25 of 1961) is an act of the Parliament of South Africa governing the solemnisation and registration of marriages in South Africa. It does not deal with the dissolution of marriages, which is governed by the Divorce Act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the Matrimonial Property Act, 1984. Some issues relating to marriage remain governed by the Roman-Dutch common law because they have never been addressed by Parliament.

The Marriage Act is not the only law under which a marriage may be contracted. The Recognition of Customary Marriages Act, 1998 recognises marriages under African customary law as valid marriages, though they are not legally identical to marriages under the Marriage Act. The Civil Union Act, 2006 allows for inter alia same-sex marriages which are legally equivalent to marriages under the Marriage Act. (WIKIPEDIA)

As specialists of Matrimonial Law, Smit Attorneys Inc can facilitate the following concerning Matrimonial Law:

  • Ante Nuptial
  • Post Nuptial
  • Divorce Law