South Africa
Matrimonial Property Act, 1984
Act 88 of 1984
- Published in Government Gazette 9322 on 25 July 1984
- Assented to on 3 July 1984
- Commenced on 1 November 1984 by Matrimonial Property Act, 1984: Commencement
- [This is the version of this document as it was from 1 April 1997 to 31 May 2006.]
- [Amended by Matrimonial Property Amendment Act, 1986 (Act 91 of 1986) on 10 September 1986]
- [Amended by Intestate Succession Act, 1987 (Act 81 of 1987) on 18 March 1988]
- [Amended by Marriage and Matrimonial Property Law Amendment Act, 1988 (Act 3 of 1988) on 2 December 1988]
- [Amended by Insolvency Amendment Act, 1993 (Act 122 of 1993) on 1 September 1993]
- [Amended by General Law Fourth Amendment Act, 1993 (Act 132 of 1993) on 1 December 1993]
- [Amended by Guardianship Act, 1993 (Act 192 of 1993) on 1 March 1994]
- [Amended by Justice Laws Rationalisation Act, 1996 (Act 18 of 1996) on 1 April 1997]
1. Definitions
In this Act, unless the context indicates otherwise—"banking institution" means a banking institution as defined in section 1 of the Banks Act, 1965 (Act No. 23 of 1965);"building society" means a building society as defined in section 1 of the Building Societies Act, 1965 (Act No. 24 of 1965);"court" means a provincial or local division of the Supreme Court of South Africa or a divorce court instituted under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act No. 9 of 1929), and includes, for the purposes of section 16, a judge in chambers, and, for the purposes of section 16(1), a magistrate's court which has jurisdiction in the matter concerned;"financial institution" means a financial institution as defined in section 1 of the Financial Institutions (Investment of Funds) Act, 1984 (Act No. 39 of 1984);"joint estate" means the joint estate of a husband and a wife married in community of property;"listed securities" means listed securities as defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985);[definition of "listed securities" amended by Act 18 of 1996]"separate property" means property which does not form part of a joint estate.Chapter I
Accrual system
2. Marriages subject to accrual system
Every marriage out of community of property in terms of an antenuptial contract by which community of property and community of profit and loss are excluded, which is entered into after the commencement of this Act, is subject to the accrual system specified in this Chapter, except in so far as that system is expressly excluded by the antenuptial contract.3. Accrual system
4. Accrual of estate
5. Inheritances, legacies and donations excluded from accrual
6. Proof of commencement value of estate
7. Obligation to furnish particulars of value of estate
When it is necessary to determine the accrual of the estate of a spouse or a deceased spouse, that spouse or the executor of the estate of the deceased spouse, as the case may be, shall within a reasonable time at the request of the other spouse or the executor of the estate of the other spouse, as the case may be, furnish full particulars of the value of that estate.8. Power of court to order division of accrual
9. Forfeiture of right to accrual sharing
The right to share in the accrual of the estate of a spouse in terms of this Chapter is a patrimonial benefit which may on divorce be declared forfeit, either wholly or in part.10. Deferment of satisfaction of accrual claim
A court may on the application of a person against whom an accrual claim lies, order that satisfaction of the claim be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified assets, as the court may deem just.Chapter II
Abolition of marital power
11. Abolition of marital power
12. Effect of abolition of marital power
Subject to the provisions of this Act, the effect of the abolition of the marital power is to do away with the restrictions which the marital power places on the capacity of a wife to contract and to litigate.13. ***
[section 13 substituted by section 30 of Act 132 of 1993 and repealed by section 4 of Act 192 of 1993]Chapter III
Marriages in community of property
14. Equal powers of spouses married in community
Subject to the provisions of this Chapter, a wife in a marriage in community of property has the same powers with regard to the disposal of the assets of the joint estate, the contracting of debts which lie against the joint estate, and the management of the joint estate as those which a husband in such a marriage had immediately before the commencement of this Act.15. Powers of spouses
16. Want of consent, and suspension of powers of spouse
17. Litigation by or against spouses
Chapter IV
General provisions
18. Certain damages excluded from community and recoverable from other spouse
Notwithstanding the fact that a spouse is married in community of property—19. Liability for delicts committed by spouses
When a spouse is liable for the payment of damages, including damages for non-patrimonial loss, by reason of a delict committed by him or when a contribution is recoverable from a spouse under the Apportionment of Damages Act, 1956 (Act No. 34 of 1956), such damages or contribution and any costs awarded against him are recoverable from the separate property, if any, of that spouse, and only in so far as he has no separate property, from the joint estate: Provided that in so far as such damages, contribution or costs have been recovered from the joint estate, an adjustment shall, upon the division of the joint estate, be effected in favour of the other spouse or his estate, as the case may be.20. Power of court to order division of joint estate
21. Change of matrimonial property system
22. Donations between spouses permissible
Subject to the provisions of the Insolvency Act, 1936 (Act No. 24 of 1936), no transaction effected before or after the commencement of this Act is void or voidable merely because it amounts to a donation between spouses.23. Liability of spouses for household necessaries
24. Distribution of matrimonial property upon dissolution of marriage for want of consent of parents or guardian
25. Application of Chapters II and III
26. ***
[section 26 substituted by section 5 of Act 3 of 1988 and repealed by section 31 of Act 132 of 1993]27. ***
[section 27 repealed by section 2 of Act 81 of 1987]28. Amendment of section 3 of Act 47 of 1937, as substituted by section 2 of Act 87 of 1965 and amended by section 1 of Act 41 of 1977, section 1 of Act 92 of 1978, section 1 of Act 44 of 1980 and section 3 of Act 27 of 1982
Section 3 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), is hereby amended by the substitution for paragraph (k) of subsection (1) of the following paragraph:29. Substitution of section 17 of Act 47 of 1937, as amended by section 1 of Act 15 of 1953, section 8 of Act 43 of 1957, section 8 of Act 43 of 1962 and section 5 of Act 3 of 1972
The following section is hereby substituted for section 17 of the Deeds Registries Act, 1937:30. Amendment of section 25 of Act 47 of 1937, as amended by section 10 of Act 43 of 1962
Section 25 of the Deeds Registries Act, 1937, is hereby amended by the substitution in subsection (3) for the expression "subsection (3) of section seventeen" of the expression "section 17(1)".31. Amendment of section 45 of Act 47 of 1937, as amended by section 20 of Act 43 of 1957 and section 19 of Act 43 of 1962
Section 45 of the Deeds Registries Act, 1937, is hereby amended by the substitution for subsection (1) of the following subsection:32. Insertion of section 89 in Act 47 of 1937
The following section is hereby inserted in the Deeds Registries Act, 1937, after section 88:33. Amendment of section 2 of Act 34 of 1956, as amended by section 1 of Act 58 of 1971
Section 2 of the Apportionment of Damages Act, 1956 (Act No. 34 of 1956), is hereby amended—34. Insertion of section 24A in Act 25 of 1961
The following section is hereby inserted in the Marriage Act, 1961 (Act No. 25 of 1961), after section 24:35. Amendment of section 29 of Act 32 of 1944, as substituted by section 27 of Act 94 of 1974 and amended by section 1 of Act 56 of 1984
Section 29 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), is hereby amended by the insertion after paragraph (e) of the following paragraph:36. Amendment of section 7 of Act 70 of 1979
Section 7 of the Divorce Act, 1979 (Act No.70 of 1979), is hereby amended—37. Repeal of laws
The laws mentioned in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.38. Short title and commencement
History of this document
03 April 2024 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2023
17 February 2009 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2008
01 June 2006 amendment not yet applied
Amended by
National Credit Act, 2005
01 April 1997 this version
Amended by
Justice Laws Rationalisation Act, 1996
01 March 1994
Amended by
Guardianship Act, 1993
Read this version
01 December 1993
01 September 1993
Amended by
Insolvency Amendment Act, 1993
Read this version
02 December 1988
18 March 1988
Amended by
Intestate Succession Act, 1987
Read this version
10 September 1986
01 November 1984
Commenced by
Matrimonial Property Act, 1984: Commencement
25 July 1984
Published in Government Gazette 9322
Read this version
03 July 1984
Assented to
Cited documents 19
Act 19
1. | Insolvency Act, 1936 | 3763 citations |
2. | Deeds Registries Act, 1937 | 2889 citations |
3. | Magistrates' Courts Act, 1944 | 2821 citations |
4. | Alienation of Land Act, 1981 | 251 citations |
5. | Divorce Act, 1979 | 231 citations |
6. | Marriage Act, 1961 | 119 citations |
7. | Matrimonial Affairs Act, 1953 | 48 citations |
8. | Second General Law Amendment Act, 1974 | 32 citations |
9. | Deeds Registries Amendment Act, 1972 | 30 citations |
10. | General Law Further Amendment Act, 1962 | 27 citations |
Documents citing this one 1184
Gazette 1033
Judgment 143
Act 6
1. | Magistrates' Courts Act, 1944 | 2821 citations |
2. | Income Tax Act, 1962 | 1669 citations |
3. | National Credit Act, 2005 | 645 citations |
4. | Recognition of Customary Marriages Act, 1998 | 182 citations |
5. | Mining Titles Registration Act, 1967 | 112 citations |
6. | Intestate Succession Act, 1987 | 56 citations |
By-law 1
1. | Stormwater Management By-law, 2010 |
Government Notice 1
1. | Registration of Deeds Regulations, 1963 |