oa Comparative and International Law Journal of Southern Africa - Section 13 of the Matrimonial Property Act - an historical relic?

Abstract

In its explanatory memorandum on the Matrimonial Property BILL 1984, the Department of Justice stated that in order to ensure the stability of marriage it was imperative that legislation reflect the principles of the modern marriage namely equality, community of interests and unity; and that the Bill endeavoured to reconcile the law with prevailing social views. It is suggested that in keeping with the prevailing views of the 1990s, community of interests and unity should not be stressed at the expense of equality.