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Conveyancing – Marital status in South Africa

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The following legislation regulates the marital status of persons in South Africa:

  1. Matrimonial Property Act 88 of 1984
  2. Recognition of Customary Marriages Act 120 of 1998
  3. Marriage Act 25 of 1961
  4. Black Administration Act 38 of 1927
  5. Deeds Registry Act 47 of 1947

I   Matrimonial Property Act 88 of 1984

    (commencement: 1 November 1984)


Marriages in terms of this act will be referred to as "civil marriages".  This act makes provision for three types of marriages:

  1. Married in community of property;
  2. Married out of community of property without the accrual system;
  3. Married out of community of property with the application of the accrual system.

In terms of this act parties will be automatically married in community of property, unless the parties had an antenuptial contract executed in the presence of a notary before they married and this agreement had been registered in the Deeds Office within three months after the notary executed the antenuptial agreement. 


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