Prof Leentjie de Jong explains the different kinds of marriages in South Africa and the different matrimonial property systems that can be applied to these marriages
On 17 September 2012, the Department of Private Law hosted the fifth lecture in their “Know your right” series, which aim to inform the broader Unisa community – at an understandable level – of their rights in private law.
In this lecture entitled “Marriage, divorce and children”, Prof Leentjie de Jong briefly referred to the different kinds of marriages in South Africa: the civil marriage, the customary marriage and the civil union. She then explained the different matrimonial property systems that can be applied to these marriages and indicated how they operate during the subsistence of the marriage.
Next she discussed divorce and the four aspects that need to be considered and sorted out at the time of a divorce: the division of the parties’ assets; possible maintenance claims of spouses; the guardianship, custody or care, access or contact and maintenance of children; and the process which should be followed.
Under the last point, she referred to the shortcomings of the court system to deal with divorce and propagated mediation as an alternative to the traditional adversarial divorce.
*Story submitted by Lessiah Mtshweni
