Marriage Law

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South Africa

South African men can assume their wives’ surnames

South Africa’s Constitutional Court (Photo: concourt.org.za) South Africa’s Constitutional Court has ruled that men may legally adopt their wives’ surnames, finding parts of Section 26 of the Births and Deaths Registration Act unconstitutional. The case, brought by two couples, challenged the law as discriminatory on gender grounds. Justice Leona Theron stated that the existing rule was based on colonial-era patriarchy, which placed women in inferior positions. Parliament has been given […]

today11 September, 2025

South Africa

South African marriage ruling is a win for divorcees and surviving spouses: it guides the sharing of their assets

    By Waheeda Amien, University of Cape Town   South Africa’s Constitutional Court has fundamentally changed the country’s marriage law, making it fairer to people who are married “out of community of property” when their marriages end. In these marriages, the estates of spouses are kept separate. They do not combine what they own into a joint estate. The change applies to people who got married after 1 November […]

today5 February, 2024