ADVICE
How much do you know about your marriage? Cathi Albertyn looks at how marriage changes the rights and status of
women In the eyes of the law
YOU AND YOUR MARRIAGE
They say love is blind.
Many women find this saying is true when it comes to marriage. After the honeymoon is over, women often realise they have fewer rights than before the wedding. Test how much you know about your marriage ...
Is your marriage legal?
To check, answer this question...
Were you married by:
• a magistrate?
• a commissioner?
• a minister of religion?
Not all ministers of religion are marriage officers. If you
were married by a religious minister who is not a marriage officer, your marriage is not legal. Make sure your marriage is legal.
If you were married by a
magistrate or a marriage officer, your marriage is legal.
As a married woman, are you seen as an
independent adult in the eyes of the law? To
check, answer this question...
Are you an African woman who was married before 2 December 1988? (YES/NO)
or
Are you a coloured, Indian or white woman who was married before 1 November
1984? (YES/NO)
SPEAK • March 1993 • Page 26
• ADVICE
If you answered YES to the question, then you are not seen as an independent adult in the eyes of the law.
Women who married before these dates are seen as "minors".
Just like children, they must have their husband's permission to do things like buying on hire pur- chase, opening a bank account and even signing a lease on a house. Your husband also has control over the property that you
brought into the marriage.
If you were married after these dates, then you are an "adult" and can do things without your
husband's permission.
Did you and your husband sign an agreement (ante-nuplial
contract) before you got married?
(YES/NO)
If you answered YES to this question, then the ante-nuptial contract will tell you whether or not you are an adult in the eyes of law.
If your husband dies or you get divorced, will you get some or all of the property?
If you d o not know how you were married, check your marriage certificate.
Were you married:
• in community of property?
• out of community of property?
• by ante-nuptial contract with accrual?
If you were married in com- munity of property, then you will get half the property of you and your husband together when he dies or you get di-
vorced. You will only get some of your husband's property if he leaves it to you in his will if he dies, or if you ask him for it
when you get divorced.
If you were married out of community of property, then you keep all the property and money that you bring to the
marriage and that you get during the marriage. Your husband also keeps all the property and money that he brings to the marriage and that he gets during the marriage.
You have no legal right to get some or all of your husband's property, and he has no claim on yours.
An ante-nuptial contract is an agreement in writing that you and your husband sign before you get married. The ante-nuptial contract says exactly what you and your future husband have, and exactly what will happen to it if you get divorced. If you have an ante-nuptial contract with accrual, it means that anything you and your husband get during the marriage must be shared equally between you if you get divorced.
In South African law, the husband is the head of the household. Does
this mean he can make all the decisions and do anything he wants? (YES/NO)
The answer is NO. South African law does say that the husband is the head of the household. But this only means that he has the right to decide where the family will live and how they will live.
Can you charge your husband with rape if he forces you to have sex with him? (YES/NO)
The answer is NO. South African law says that a woman does not have the right to lay a charge of rape against her husband. But she can charge him with assault. As you can see, South African law still sees women as the property of their husbands.
(Calhi Albertyn is a rescacher at Ihe Centre for Applied Legal Studies,
University of the Witwatersrand.) O
SPEAK* March 1993 •Page 27
