This Act puts Black civil marriages on the same footing as those of the rest of the population of South Africa. Such marriages entered into after the commencement of the Act are automatically governed by a community property regime, rather than by separation of property, and subject to Chapters 2 and 3 of the Matrimonial Property Act (Number 88 of 1984), which increased the legal protection afforded to women in marriage. The Act also forbids a Black man and woman from marrying according to a civil ceremony, if the man is involved in a customary union with another woman. Although the Act as a whole is not retrospective in effect, it does authorize a court to direct that the assets of one spouse be made over to the other spouse on divorce when the spouses were married by civil ceremony under Section 22(6) of the Black Administration Act (No. 38 of 1927) before the commencement of this Act. Under the Act, a couple may choose by antenuptial agreement not to be governed by a community property regime, and a couple married under a separation of property regime may choose to change it.
full text