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Determining matrimonial property rights on divorce : an appraisal of the legal regimes in Botswana

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dc.contributor.advisor Heaton, J.
dc.contributor.author Quansah, E. K.
dc.date.accessioned 2015-01-23T04:24:08Z
dc.date.available 2015-01-23T04:24:08Z
dc.date.issued 2001-06
dc.identifier.citation Quansah, E. K. (2001) Determining matrimonial property rights on divorce : an appraisal of the legal regimes in Botswana, University of South Africa, Pretoria, <http://hdl.handle.net/10500/15840> en
dc.identifier.uri http://hdl.handle.net/10500/15840
dc.description.abstract The bulk of the matrimonial property regimes operating in Botswana were inherited from the country's colonial past. Since independence there ha'> not been any realistic attempt to reform them. The thesis set out to appraisal the legal regimes governing the determination of matrimonial property on divorce to ascertain their efficacy in realising the legitimate aspiration of married couples. Comparisons were made with similar countries to determine how these have tackled problems relating to determination of matrimonial property on divorce. The study found that where there is a dispute about matrimonial property in marriages out of community, the courts have no discretion to readjust the rights of the parties. This situation adversely affect nonworking wives who spent most of their time looking after their husbands and children without being able to acquire capital assets. Recognition is not given to such domestic contribution to the welfare of the family. It was also found that the exercise of the marital power by husbands of marriages in community of property deprives wives of those marriages the right to administer the joint estate. The patriarchal nature of customary law, which governs the majority of disputes about matrimonial property, discriminates against women. Consequently, the following, inter alia, are suggested as reform measures. (a) The courts should be g1ven a wide discretionary power, circumscribed by statutory guidelines, to reallocate matrimonial property on divorce irrespective of the matrimonial property regime that governs the marriage. TI1e underlying principle should be equality of sharing but this may be departed from where the circumstances of the particular case warrant it (b) A spouse's domestic contribution towards the welfare of the family should be recognised. (c) The marital power of husbands should be abolished. (d) The provisions of the Matrimonial Causes Act should be made applicable to customary marriages. en
dc.format.extent 1 online resource (lxxxvi, 611 pages)
dc.language.iso en
dc.subject Matrimonial property en
dc.subject Husband and Wife en
dc.subject Divorce en
dc.subject Division of assets en
dc.subject Customary-law principles en
dc.subject Common-law principles en
dc.subject Statutory provisions en
dc.subject Judicial discretion en
dc.subject Law reform en
dc.subject.ddc 346.16606883
dc.subject.lcsh Divorce settlements -- Botswana en
dc.subject.lcsh Marriage settlements -- Botswana en
dc.subject.lcsh Divorce -- Law and legislation -- Botswana en
dc.subject.lcsh Equitable distribution of marital property -- Botswana en
dc.subject.lcsh Judicial discretion -- Botswana en
dc.subject.lcsh Customary law -- Botswana en
dc.subject.lcsh Law reform -- Botswana en
dc.title Determining matrimonial property rights on divorce : an appraisal of the legal regimes in Botswana en
dc.type Thesis
dc.description.department Private Law
dc.description.degree LL.D.


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