Hinrichsen Attorneys

In South Africa, various Marital Property Regimes exist, commonly summarised as a marriage in community of property and marriage out of community of property, which is subdivided into out of community of property with the application of the accrual system and, out of community of property without the application of the accrual system.  In South Africa the automatic matrimonial property regime is the marriage in community of property, unless such is excluded by means of entering into an antenuptial contract, prior to the marriage being concluded. It is unfortunately common that couples entering into a marriage do not consult an attorney or neglect carefully considering which regime is best suited for their specific needs. 

Since the enactment of the Children’s Act in 2005, the term “custody” has been replaced in favour of the broader concept of “care”; similarly, the term “access” has been changed to that of “contact”. Despite this change having significant consequences, it is often overlooked or left undiscussed. A major distinction which can be drawn in this regard is that in terms of common law, custody referred to a person’s capacity to control and supervise the child’s daily life, where as the definition of “care” in the new Act is extended beyond mere custody to include, among others, the right to and responsibility for caring, supporting, and guiding the child, as well as assuming responsibility for the child’s general welfare.