(5) In the determination of the assets or part of the assets to be transferred as contemplated in subsection (3) the court shall, apart from any direct or indirect contribution made by the party concerned to the maintenance or increase of the estate of the other party, as contemplated in subsection (4), also take into account—
(a)
the existing means and obligations of the parties;
(b)
any donation made by one party to the other during the subsistence of the marriage, or which is owing and enforceable in terms of the antenuptial contract concerned;
(c)
any order which the court grants under section 9 of this Act or under any other law which affects the patrimonial position of the parties; and
(d)
any other factor which should in the opinion of the court be taken into account.
(6) A court granting an order under subsection (3) may, on application by the party against whom the order is granted, order that satisfaction of the order be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified assets, as the court may deem just.”.
Repeal of laws.
37. The laws mentioned in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.
Short title and commencement.
38. (1) This Act shall be called the Matrimonial Property Act, 1984, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
(2) Different dates may be fixed under subsection (1) in respect of different provisions of this Act.
Schedule
Number and year of law
Title or subject
Extent of repeal
The Perpetual Edict of 4 October 1540
The Perpetual Edict
Section 17 in so far as it is in force in the Republic
The Political Ordinance of 1 April 1580
The Political Ordinance
Sections 3 and 13 in so far as they are in force in the Republic
