Page:Matrimonial Property Act 1984.djvu/9

GOVERNMENT GAZETTE, 25 JULY 1984

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(e) The inclusion of an asset in a statement contemplated in section 6 does not serve as proof of any right of any person with regard to that asset or for the purpose of any release contemplated in section 21 (1) of the Insolvency Act, 1936 (Act No. 24 of 1936).

22. Subject to the provisions of the Insolvency Act, 1936 (Act No. 24 of 1936), no transaction effected before or after the commencement of this Act is void or voidable merely because it amounts to a donation between spouses.

23. (1) Any right of recourse which a spouse may have against the other spouse in terms of the common law or any law which is in force at the commencement of this Act or which was in force before that commencement, in respect of contributions made for necessaries for the joint household of the spouses, lapses, subject to the provisions of subsections (3) and (4), at that commencement.

(2) A spouse married out of community of property before or after the commencement of this Act is liable to contribute to necessaries for the joint household pro rata according to his financial means, and is deemed to have been so liable for the period from the beginning of his marriage until that commencement.

(3) A spouse married out of community of property before the commencement of this Act has a right of recourse against the other spouse in so far as he has contributed more in respect of necessaries for the joint household than that for which he was liable in terms of subsection (2).

(4) In, the absence of any agreement to the contrary between spouses, a spouse does not have a right of recourse against the other spouse to whom he was married out of community of property after the commencement of this Act with regard to any contribution which he made in respect of necessaries for the joint household.

(5) Spouses married out of community of property are jointly and severally liable to third parties for all debts incurred by either of them in respect of necessaries for the joint household.

(6) Subsection (1) shall not be construed as conferring on a spouse a right to reclaim anything that he has already paid at the commencement of this Act in satisfaction of a right of recourse, and subsection (3) shall not be construed as conferring on a spouse a right to exercise the right of recourse referred to in that subsection in respect of any period with regard to which he has already exercised a right of recourse on any other ground.

24. (1) If a court dissolves a marriage to which a minor is a party on the ground of want of consent of the parents or guardian of that minor, or a commissioner of child welfare whose consent is by law required for the entering into of a marriage, it may make such order with regard to the division of the matrimonial property of the spouses as it may deem just.

(2) If such a marriage is not dissolved, the patrimonial consequences of the marriage are the same as if the minor were of age when the marriage was entered into and any antenuptial contract in terms of which the accrual system is included and which has been executed with a view to such a marriage is deemed to have been validly executed.

25. (1) The provisions of Chapters II and III of this Act do not apply to marriages in respect of which the matrimonial property system is governed by section 22 of the Black Administration Act, 1927 (Act No. 38 of 1927).

(2) Notwithstanding anything to the contrary in any law or the common law contained, the spouses to a marriage, other than a marriage contemplated in subsection (1), entered into before the commencement of this Act may—

if they are married in community of property, cause the provisions of Chapters II and III to apply to their marriage;