In my divorce practice I am often confronted with scenarios where either, or both, parties to a marriage in community of property feel aggrieved as a result of transactions entered into by their spouse on behalf of the joint estate during the course of the marriage. These transactions invariably have significant implications to the joint estate and/or the interest of either party in and to the joint estate.
In my experience very few people, aside from practising members of the legal fraternity, are aware of the fact that there are various transactions which are prohibited insofar as the contracting spouse is concerned, unless the written or verbal consent of their spouse is obtained.
In some instances written consent is required, while in other instances verbal consent will suffice.
In the event that a spouse enters into prohibited transactions in terms of the Matrimonial Property Act, the innocent spouse may be entitled to relief upon division of the joint estate in the form of an order for adjustment in their favour to the extent that the offending transactions have caused prejudice to the joint estate.
The Infographic below briefly sets out those transactions in respect of which written consent is required.
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