oa De Rebus - The beginning of the end - dissolution of marriage under accrual system : feature

Volume 2015, Issue 554
  • ISSN : 0250-0329



As a family law practitioner, I have realised that when entering into marriage, most people are not aware of the laws that have direct effect on their estates and only get to be conscious of them when they divorce. The aim of this article is to highlight different matrimonial regimes in South Africa, but more particularly to discuss an option available to those whose marriage is subject to an accrual system as far as protecting their claim to the growth of their spouses' estates is concerned. I will show that the Matrimonial Property Act 88 of 1984 (the Act) does provide for the division of the growth of the marriage without the parties thereto actually instituting divorce proceedings.

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