There are various Acts which regulate marriages in South Africa and the legal effects of the marriages.
The first two Acts which I would like to discuss are the Marriage Act 25 of 1961 and the Matrimonial Property Act 88 of 1984, the latter of which commenced on the 1st of November 1984.
All civil marriages are regulated by the above Acts. Marriages in terms of these Acts will be referred to as civil marriages. These Acts make provision for three types of marriages:-
- Marriage In Community of Property
- Marriage Out of Community of Property without the Accrual system
- Marriage Out of Community of Property with the application of the Accrual system