Spouses are not automatically entitled to a 50/50 share of the matrimonial property during dissolution of a marriage, the Supreme Court ruled Friday.
The ruling said while Article 45 (3) of the Constitution deals with equality of the fundamental rights of spouses during the dissolution of a marriage, such equality does not mean the re-distribution of proprietary rights or an assumption that spouses are automatically entitled to a 50 percent share by fact of being married.
The court said that a party (spouse) must prove contribution to enable a court to determine the percentage available to him or her at distribution of matrimonial property and that the test to determine the extent of contribution is one on a case-to-case basis.
“What amounts to a fair and equitable legal formula for the
reallocation of matrimonial property rights at dissolution of a
marriage and whether the same can be achieved by a fixed means of apportionment at a 50:50 ratio should be done in light of the
circumstances of each individual case,” the court explained. BY DAILY NATION