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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.

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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