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11	The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88 Welsh, Shirley Anne Vera 11 1900 (has links) Because women are predominantly responsible for childcare, men are the primary income earners. Having acquired the marital assets, on divorce the husband would retain them in a marriage out of community of property. The wife would be left deskilled, financially dependent, with little likelihood of receiving spousal maintenance and with no marital assets. In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment Act introduced a judicial discretion to equitably redistribute marital assets in certain marriages out of community. This dissertation argues that the bases for the limitation of the judicial discretion to women married before a certain date are unsound and that the limitation arguably violates the equality clause of the Constitution. / Law / LL.M. Financial consequences of divorce Judicial discretion Spousal maintainance Contractual freedom Feminisation of porperty Substantive equality Gender discrimination New property 346.166068 Alimony -- South Africa Divorce settlements -- South Africa Marriage settlements -- South Africa Women -- Legal status