MATRIMONIAL PROPERTY LAW: SALRC REVIEW REPORT PUBLISHED

MATRIMONIAL PROPERTY LAW: SALRC REVIEW REPORT PUBLISHED

• 09 November 2026
• Justice & Constitutional Development
• SA Legal Academy

The South African Law Reform Commission has released a report on the outcome of a matrimonial property law review begun in 2018. According to an accompanying media statement, the report recommends out of community of property as an ‘across the board’ default matrimonial property regime. This would:

• be ‘subject to … accrual’ where no antenuptial or life partnership agreement is concluded between parties, and would
• also apply to ‘religious and customary marriages’.

Other recommendations include:

• regulating the proprietary consequences of:
  • polygynous marriages
  • dual marriages, and
  • ‘putative marriages (whether monogamous or bigamous)’
• ‘new rules for relationships (married and unmarried) with a foreign element’
• changes to financial disclosure requirements:
  • when concluding antenuptial contracts, and
  • at the commencement of divorce proceedings or separation
• enhanced judicial discretion
• the protection of:
  • customary family homes, and
  • matrimonial family homes, and
• post-retirement benefits.

The report includes a draft Matrimonial Property & Life Partnerships Property Laws Amendment Bill.

• report
• media statement

Published by SA Legal Academy Policy Watch

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