Spouses liability for damages incurred while married

The South African Matrimonial Property Act provides for a scenario where a spouse to a marriage becomes liable to pay damages.

In terms of law, these damages and possible related costs are to be paid from the liable spouse's own separate property and if there is no separate property, then only from the marriage's joint Estate.

If the joint Estate is then divided for whatever reason, an adjustment to the joint Estate shall be effected in favour of the other Spouse or his or her Estate.

The above is information and is not meant to be advice. Please consult an Attorney for advice regarding your own circumstances.
Ismail Ayob and Partners practice in the areas of Matrimonial Law, Divorce Law and Deceased and Insolvent Estates and can assist.