Tag: FamilyLaw
Matrimonial property law – equality replaces an outdated rule
The Western Cape High Court recently delivered a decisive blow to a century-long patriarchal common law rule known as lex domicilii matrimonii. The ruling paves the way for a fairer future for women, same-sex and non-binary couples. A woman challenged the constitutionality of the common law rule. The rule relates to decisions based on a husband’s domicile when a couple marries.
The hidden risk in same-sex inheritance – why domicile still matters
In a world where love knows no borders, the law still does. For same-sex couples in South Africa, the journey toward equality has included landmark legal victories. These range from the legalisation of same-sex marriage to the recognition of life partnerships in inheritance law. However, one critical factor still shapes how estates are distributed. That factor is domicile.
