27/08/2026
When an international marriage ends in divorce in South Africa, which country's law determines what happens to the couple's assets?
Until recently, South African private international law answered this question by looking primarily to the husband's domicile at the time of marriage. In N.P. v Minister of Justice and Constitutional Development, the Western Cape High Court declared this long-standing rule unconstitutional and replaced it with a more modern framework.
Our latest blog post unpacks the judgment, the new approach to determining which country's law applies, and what this development means for marriages with an international element.
Read the full blog post here: https://www.vzslaw.co.za/post/international-marriage-south-african-divorce-which-country-s-law-governs-your-assets
Getting divorced in South Africa does not necessarily mean that South African law will govern your assets. We explain the new High Court test for determining which country’s law applies to the matrimonial property consequences of an international marriage