Never heard of this type of marriage.

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Never heard of this type of marriage.

Post by Dennis » Sun Apr 24, 2011 11:59 pm


I have a divorced couple who had been married to each other on the date of *********** out of community of property in Johannesburg, Transvaal.

Names of interest: Lennox McKenna Airth Skirving Veitch Laird Drysdale Bennett Colledge Baird Blades Barker Dow Mitchell Perkins Rielly Stewart Tulloch Wright Ure, Ritch Richardson, Whyte
Places of Interest: Dunbarney, Forfar, East London (S.Africa)

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Re: Never heard of this type of marriage.

Post by Ina » Mon Apr 25, 2011 2:19 am


check out this site regarding community of property marriages. ... -contracts


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Re: Never heard of this type of marriage.

Post by joette » Mon Apr 25, 2011 11:28 am

Very interesting I thought I was reading about 1884 not 1984! It also seems that Civilly married women who went for a "Civil" marriage without a "pre-nup" that Black Women had more rights over property & bank accounts etc than that of White women who went for the same type of marriage.
It seems that not only were Non-Whites discriminated against but also white women unless they protected their rights before marriage.Right up until 1984!
I had no idea of this inequality.
CARR/LEITCH-Scotland,Ireland(County Donegal)

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Re: Never heard of this type of marriage.

Post by AnneM » Mon Apr 25, 2011 5:12 pm

Hi Joette

It does seem to have taken them a while to catch up with most of the rest of the world. Having said that, England and to a lesser extent Scotland is relatively unusual in having no matrimonial property regime which one marries in to. The English system is a bit of a lottery as on divorce, if the parties cannot agree, the sharing of the assets and provision for ongoing support if any is largely up to the discretion of the court. The Scottish system is statutory in that the Family Law (Scotland) Act 1985 provides that on divorce a tally should be made of all "matrimonial property" which is largely property acquired during the marriage except that which was acquired by gift or inheritance from a third party and that this should be divided. The initial presumption is for equal sharing but there are various reasons for deviating from this.

My husband assures me that in SA most people who had any money at all had ante nuptial contracts opting out of community property and allowing for equal administrative rights well before 1984.

At one point in French law there were several regimes available for opting into including community of goods, separation of goods and a remaining dotal regime i.e. one based on a dowry system which only prevailed in certain parts of the South of France. I don't know what the system is now.

The English system is quite flawed in that people often have no real idea of what settlement a court will impose and therefore negotiated settlements are much more difficult to reach. It also leads to settlements awarding silly money to the spouses of wealthy people even after shortish marriages where the spouse cannot reasonably be said to have made much contribution. The Scottish system at least avoids that as it takes as its starting point the position of the spouses at the date of marriage.

Researching M(a)cKenzie, McCammond, McLachlan, Kerr, Assur, Renton, Redpath, Ferguson, Shedden, Also Oswald, Le/assels/Lascelles, Bonning just for starters

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