According to South African law, it is the residency of the husband that will determine which country’s laws govern a marriage.
By way of example, a couple could be married in the UK, but because the husband was permanently residing in South Africa at the date of the wedding, the legislation governing South African marriages would apply.
Therefore, even if married in another country, a couple may still be deemed to be married in community of property in terms of the Civil Marriages Act, 25 of 1961 if they have not registered an antenuptial contract prior to getting married.
Couples planning their dream wedding abroad, are best advised to speak to an admitted Notary Public who can fully inform them of their rights in terms of the registration of their marriage to ensure that same is registered according to their intended wishes.
If you would like to know more, or discuss this, call Bothas Incorporated on 035 792 2011.