Understanding the Consequences of the Marriage Contract in South Africa

When entering into a contract of marriage in South Africa, it is crucial for spouses to have a clear understanding of the consequences related to the type of marital regime they choose. The South African Matrimonial Property Act recognizes two types of marital regimes: in community of property and out of community of property with or without the inclusion of the accrual system. However, recent court interventions in the division of assets during divorce have raised questions about the certainty of spouses’ preferred regime. The Constitutional Court’s recent judgment in KG v Minister of Home Affairs and Others has set a precedent for court interference when the division of assets is deemed unfair. This leaves spouses contemplating the reliability of their preferred regime in light of potential court decisions.