SALRC Review: Draft Bill Proposes Default Out of Community Matrimonial Regime

Posted 09 November 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: In terms of the South African Law Reform Commission Act, No. 19 of 1973, the South African Law Reform Commission (SALRC) has published its final report on the comprehensive review of matrimonial property law, recommending that marriage out of community of property replace in community of property as South Africa’s default marital regime.

The SALRC investigation, initiated in 2018 under Project 100E, examined statutory and common-law disparities under the Matrimonial Property Act, No. 88 of 1984, the Recognition of Customary Marriages Act, No. 120 of 1998, and the Civil Union Act, No. 17 of 2006. The Commission concluded that the current default system of in community of property creates disproportionate commercial, insolvency, and spousal liability risks for economically vulnerable partners.

Key Recommendations and the Draft Amendment Bill

To give effect to its findings, the Commission has prepared and released the draft Matrimonial Property & Life Partnerships Property Laws Amendment Bill. Key legislative shifts proposed in the report include:

  • Establishing an ‘across-the-board’ default regime of marriage out of community of property for all future civil, customary, and religious marriages;
  • Regulating the property and financial consequences of permanent domestic life partnerships to close existing common-law lacunae;
  • Aligning statutory proprietary rights with constitutional guarantees of equality under section 9 of the Constitution of the Republic of South Africa, 1996; and
  • Providing statutory mechanisms for the equitable division of assets upon the dissolution of both formal marriages and unregistered life partnerships.

What this means for you, your business, or your clients

  • For yourself: Family law practitioners, estate planners, and fiduciaries must review standard client intake templates and antenuptial contract advisory notes to prepare for potential statutory shifts toward an out of community baseline.
  • For your business: Commercial firms, credit providers, and conveyancing departments must anticipate changes to spousal consent requirements under section 15 of Act No. 88 of 1984, which will affect joint liability assessments, surety agreements, and deed registrations if the draft Bill is enacted.
  • For your clients: Unmarried life partners and prospective spouses will obtain clear statutory proprietary protections and asset-redistribution recourse upon relationship dissolution without strictly requiring an executed antenuptial contract.

Originally published at https://legalacademy.co.za/news/read/matrimonial-property-law-salrc-review-report-published

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