The small house clause of the proposed Marriages Act is likely to sail through Parliament with amendments. The new proposal says coup...
The small house clause of the proposed Marriages Act is
likely to sail through Parliament with amendments.
The new proposal says couples living together on a genuine
domestic basis, with neither married to anyone else, but who have not entered
into a civil marriage or into a formally solemnised or officially registered
customary union, will be deemed to be in a civil partnership under the proposed
new Marriages Act.
This will mean that when the partnership dissolves, the
property will be divided or distributed in terms of the Matrimonial Clauses
Act, which has hitherto applied only to those in registered unions who are
divorced.
The amendments on the civil partnership also close
loopholes when it comes to dividing property, dealing with complications such
as they continue living together when one gets married and even when one enters
a civil marriage with someone else but a customary union with the civil
partner, in which case they will be regarded as being in an unregistered
customary union regardless of whether lobola was paid, or not paid in full.
This largely protects women who live with someone, and then
get dumped without a cent.
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