-
Essay / Absence of prenuptial agreement Case Study - 556
FactsA husband and wife were married in Czechoslovakia, which was the wife's domicile. The husband was domiciled in Germany as it was his home of origin. At the time of the marriage, the wife and husband had intended and agreed to leave Germany and settle permanently in Johannesburg, as the husband had been promised permanent employment. After moving to Johannesburg, the husband was transferred to Durban, where the couple intended to settle permanently and the husband was naturalized as a British subject. In 1984, the husband died. There was no prenuptial agreement, which means that the couple married outside of community of property since they were married under German law.ProblemWhich law is applied to determine the marital property rights of the spouse in l absence of prenuptial agreement?RatioIn In the absence of a prenuptial contract, the matrimonial regime of spouses not domiciled in the same country is then governed by the law of the domicile of the spouses at the time of the marriage and not by the domicile intended to be acquired immm...