Steyn v Steyn (6427/2010) [2010] ZAWCHC 224 (27 October 2010)

Steyn v Steyn (6427/2010) [2010] ZAWCHC 224 (27 October 2010)

The court held that a civil partnership concluded in England under the Civil Partnership Act 2004, which is legally recognized in that jurisdiction and has all the hallmarks of a marriage, should be accepted as a valid and binding civil partnership in South Africa according to the lex loci celebrationis principle. The Divorce Act is the appropriate statute for dissolving such partnerships, and the term 'marriage' in the Divorce Act must be interpreted purposively to include registered foreign same-sex marriages or civil unions/partnerships that are lawful in the country where they were concluded. Excluding such unions from the ambit of the Divorce Act would perpetuate discrimination and...

Citation
[2010] ZAWCHC 224
Parties
Plaintiff: Angelique Jane Steyn; Defendant: Chantal Sheree Steyn
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
27 October 2010
Case Number
6427/2010
Procedural Posture
Divorce Application / Unopposed Divorce; Reasons for Order
Outcome
Decree of divorce granted; terms of the settlement agreement incorporated into the order.
Judges
P.A.L. Gamble
Legal Topics
Civil Union Act, Foreign Same Sex Marriage, Divorce Act Interpretation, Matrimonial Property Regime
Family and Children Civil Union Act Foreign Same Sex Marriage Divorce Act Interpretation Matrimonial Property Regime

Case Brief

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Parties

Angelique Jane Steyn

Plaintiff

Chantal Sheree Steyn

Defendant

Procedural Posture

Divorce Application / Unopposed Divorce; Reasons for Order

Legal Issues

  1. 1 Does the Western Cape High Court have jurisdiction to dissolve a foreign same-sex civil partnership concluded in England?
  2. 2 Can the term 'marriage' in the Divorce Act be interpreted to include foreign same-sex unions?
  3. 3 What matrimonial property regime applies to a foreign same-sex partnership involving South African citizens?

Ratio Decidendi

The court held that a civil partnership concluded in England under the Civil Partnership Act 2004, which is legally recognized in that jurisdiction and has all the hallmarks of a marriage, should be accepted as a valid and binding civil partnership in South Africa according to the lex loci celebrationis principle. The Divorce Act is the appropriate statute for dissolving such partnerships, and the term 'marriage' in the Divorce Act must be interpreted purposively to include registered foreign same-sex marriages or civil unions/partnerships that are lawful in the country where they were concluded. Excluding such unions from the ambit of the Divorce Act would perpetuate discrimination and...

Court Disposition

Decree of divorce granted; terms of the settlement agreement incorporated into the order.

Orders

  • The marriage/civil partnership between the parties is dissolved.
  • The terms of the written settlement agreement between the parties are made an order of court.