On your website under “legal side of weddings” you say that:” South African couples living in the UK, when marrying in that country, incorrectly assume that they are married by British Law and who discover to their dismay that after the wedding that they are married by South African Law, which is in Community of Property.”
Could you explain to me what happens in this case: When a couple immigrates into South Africa (and have obtained SA Permanent Residence), subsequently marry in South Africa, are they then, without ANC, married under SA Law in Community of Property or under the Law of their country of origin?
I would greatly appreciate your advice,
Kind regards,
Annemarie
Dear Annemarie
Thank you for your email.
I asked an attorney for advice regarding your query and he has replied as follows:
'The law that governs a couple's marriage is determined by the domicile of the husband. Domicile is more than physical presence; there must also be an intention to make a permanent home in the new country. The fact that the couple have immigrated to South Africa seems to indicate an intention to make South Africa their home. If this is the case, then their matrimonial domicile will be South Africa and South African law will apply i.e. marriage in community of property. However, if there is no intention to remain permanently in South Africa and there is evidence to prove this intention despite the immigration application, then the original domicile will have been retained.'
Domicile can often be quite difficult to determine but it is very necessary to be sure what law governs your marriage as it affects your capacity to enter into contracts and your liability for your spouse's debts.
If what is said above is not sufficient for your purposes, for your peace of mind I would suggest that you contact an attorney specialising in family law.
Best wishes
Pam
