key to the study guide - Name

Relaxation of principle
of immutability
ACTIVITY
Read the first paragraph under the heading ``8.1 The principle of
immutability in matrimonial property law'' in your textbook on page
107 and explain in one sentence what the principle of immutability in
matrimonial property law means.
FEEDBACK
The principle of immutability in matrimonial property law means that
after the conclusion of marriage the matrimonial property system chosen
by the spouses remains fixed, and cannot be changed during the
subsistence of the marriage.
Although the principle of immutability still applies in South African law it
has been relaxed by the legislator by the creation of several mechanisms for
effecting a postnuptial change of the matrimonial property system. These
mechanisms are discussed on pages 107±108 of your prescribed textbook.
ACTIVITY
Explain the ways in which a postnuptial change of the matrimonial
property system can be effected.
FEEDBACK
Firstly, for a limited period, which has expired, certain spouses were
permitted to change their matrimonial property systems simply by way of
a registered notarial contract. In terms of section 21(2) of the Matrimonial
Property Act 88 of 1984, spouses who married before 1 November 1984
and whose marriage was out of community of property by virtue of an
antenuptial contract could adopt the accrual system by executing and
registering a notarial contract to that effect before 1 November 1988.
Blacks who married before 2 December 1988 and whose marriage was out
of community of property by virtue of section 22(6) of the Black
Administration Act 38 of 1927 could adopt the accrual system by
executing and registering a notarial contract to that effect before 2
December 1990.
Secondly, the court has the power to order the immediate division of the
spouses' matrimonial property and to change the couple's matrimonial
property system at the request of one of the spouses. Section 20 of the
Matrimonial Property Act empowers the court to order the immediate
division of the joint estate and to change the spouses' matrimonial
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