Family Law

Marital Power (Abolished)

The historical rule (now abolished) under which a husband had legal control over his wife's legal capacity and property. The Matrimonial Property Act and Constitution abolished marital power.

Legal Definition

Under common law and the old Marriage Act, a husband had "marital power" over his wife — she could not enter contracts, litigate, or own property independently. The Matrimonial Property Act 88 of 1984 abolished marital power for marriages after 1984. For pre-1984 marriages in community of property, the Matrimonial Property Amendment Act 3 of 1988 completed the abolition. Today, all married women in South Africa have full legal capacity.

📖 Constitutional / Statutory Basis: Section 9 (equality); Section 10 (dignity)

Practical Example

A woman married before 1984 was historically unable to sign a lease without her husband's co-signature. After abolition of marital power, she has full contractual capacity.

Frequently Asked Questions

Is marital power still applicable in customary marriages in South Africa?

The Constitutional Court in Gumede v President confirmed that customary law rules that limited women's legal capacity in customary marriages are unconstitutional. Women in customary marriages have full legal capacity to own and contract.

Can a married woman be a company director in South Africa?

Yes. All married women have full legal capacity. A married woman can be a company director, open a bank account, sign contracts, and own property in her own name, regardless of the matrimonial property regime.

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