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“Lex domicilii matrimonii” determines which country’s law governs the financial consequences of a cross-border marriage. A recent Western Cape High Court decision replaces the former husband-domicile rule with a new framework.

“Lex domicilii matrimonii” determines which country’s law governs the financial consequences of a cross-border marriage. A recent Western Cape High Court decision replaces the former husband-domicile rule with a new framework.

A South African court has replaced the discriminatory rule that automatically applied the husband’s domicile to cross-border marriages. The new framework considers spouses’ agreement, domicile, residence, nationality and closest connection.

A court awarded 40% of an estate despite an antenuptial contract excluding accrual, confirming that contribution during marriage can justify redistribution under section 7(3) of the Divorce Act.

A High Court ruling highlights the “equality of arms” principle in divorce, allowing financially weaker spouses to claim a contribution to legal costs so cases are decided on merit, not money.

The Constitutional Court grants equal parental leave rights to all parents, allowing them to share four months’ leave, ending gender inequality in parental benefits.

The Constitutional Court has ruled that both spouses now have equal rights to choose or change their surname after marriage, ensuring gender equality and dignity in South Africa’s naming laws.

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KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.
Fostering Partnerships,
Driving Results.
© KVV Inc. Attorneys 2026.
All Rights Reserved. Privacy Policy | POPIA