RCMA

Question 2

Altering the Property System (Before the RCMA)
➢ Section 7(4)(a) RCMA

Answer 2

1) Sound reasons
2) Sufficient written notice to all creditors for amounts exceeding R500.
3) If no 3rd party is prejudiced by the change.

Question 3

Section 7(4)(b) RCMA

Answer 3

1) Where the husband is a spouse in more than one customary marriage, all persons having sufficient interest in the matter, and in the particular applicants
existing spouse or spouses must be joined to the proceedings

Question 4

Altering the Property System (After the RCMA)= Section 7(5) RCMA

Answer 4

1) Section 21 of the MPA is applicable to a customary marriage entered into after the commencement of this
Act in which the husband does not have more than one
spouse

Question 5

Section 7(6)

Answer 5

1) A husband in a customary marriage who wishes to enter a further customary marriage with another woman after the commencement of this Act, must make an
application to the court to approve a written contract which will regulate the future matrimonial property system of his marriages.

2) Take Aways
▪ Apply to court for approval.
▪ It must be a written contrac

Question 6

Section 7(7) RCMA

Answer 6

1) Terminate the matrimonial property
system which is applicable to the marriage;
2) Effect a division of the matrimonial
property.
2.1) Ensure an equitable distribution of the
property
2.2) Take into account all the relevant
circumstances of the family groups which would be affected if the application is granted

Question 7

Section 8

Answer 7

1) A customary marriage may only be dissolved by a court by a decree of divorce on the ground of irretrievable of the
marriage.
2) A court may grant a decree of divorce on the ground of irretrievable breakdown of a marriage if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage between them