In South Africa, marriage exists in a number of different forms, as a result of the diversity of religions and cultures in the country.
In 2006 the South African constitutional court ruled in favour of recognizing same-sex marriage.
[3] It is currently the only country in the world to recognise both polygamy and same-sex marriages, albeit not in conjunction.
By default, if a couple does not sign an antenuptial contract before the marriage, they are married in community of property, which means that all of their assets and liabilities (even those acquired before the marriage) are merged into a joint estate, in which each spouse has an undivided half-share.
The contract can also make specific provision for the handling of property and its distribution after death or divorce.
[9] However, the accrual system does not apply if one of the estates is insolvent at the time the marriage ends.
South African law provides for no-fault divorce based on the "irretrievable breakdown" of the marital relationship.
A divorce may also be obtained on the grounds of incurable mental illness for two years, or continuous unconsciousness for six months.