Law Applicable to Matrimonial Property Regimes: Case Study of the Zitha Divorce

Assignment Task

Read the set of facts below and answer the question that follows: 

Mr and Mrs Zitha were married in Mauritius in December 2015. At the time of entering into the marriage, both parties were domiciled in, and citizens of, Botswana. Shortly before the marriage, Mr Zitha was headhunted by a large retail group registered in South Africa, and with its principal place of business in Pretoria, for the position of CEO. Mr Zitha started negotiations with the South African company in November 2015. In January 2016, Mr Zitha took up the position as CEO with this company and the parties relocated to Pretoria, establishing a domicile there. In June 2023, Mrs Zitha instituted divorce proceedings in a South African High Court against Mr Zitha.

Mrs Zitha’s legal counsel would like to argue intended matrimonial domicile as the connecting factor for determining the law applicable to proprietary consequences of the parties’ marriage.

Question

Advise Mrs Zitha’s legal team on their chances of success in arguing for intended matrimonial domicile, therefore, for South African law, to be applicable to the parties’ proprietary consequences of marriage.

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