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History of this document
12 November 1997 this version
Commenced
06 November 1997
Assented to
Cited documents 0
Documents citing this one 3
Judgment
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Extension Act did not retrospectively convert Transkei marriages without antenuptial contracts into marriages in community of property.
Family law – matrimonial property regimes – Marriage Extension Act 50 of 1997 – no retrospective alteration of matrimonial property regimes in former TBVC areas; Transkei Marriage Act 21 of 1978 s 39(1) – marriages out of community of property unless parties elected otherwise; appellate procedure – new constitutional issues not entertained if not pleaded below.
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Sale and transfers of property forming part of a joint estate, made without the spouse's consent, are voidable and set aside.
* Matrimonial property – marriage in community of property – property acquired during marriage forms part of joint estate – alienation requires written consent of non-contracting spouse (Matrimonial Property Act s15(2)).
* Deeds and transfers – third parties must take reasonable steps to ascertain marital status and consent before registering transfers.
* Invalid transactions – sales and transfers effected without required consent are wrongful, irregular and may be set aside.
* Marriage law – Transkei Marriage Act inapplicable to marriage solemnised in 1999 outside former Transkei; universal community of property applies.
* Costs and conduct – poor record-keeping and abuse of process by legal representatives may attract adverse costs consequences.
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