Mr and Mrs Singh got married in 1982 while on holiday in Hawaii. At the time of entering into the marriage, the parties were domiciled in, and citizens of, India. They concluded an antenuptial contract excluding community of property and all forms of accrual and profit and loss. However, in 1981, Mr Singh started arranging to open a branch of the family business Fabrics Ltd (an international company manufacturing textiles) in Cape Town, South Africa. In 1983 Mr and Mrs Singh relocated to Cape Town and established a domicile there. Mr Singh took up the position as branch manager of the Cape Town branch of Fabrics Ltd. Mrs Singh stayed at home to look after the two children born out of the marriage. In 2003, Mrs Singh instituted divorce proceedings against Mr Singh in the Western Cape High Court.

Questions 2.1 Upon instituting divorce proceedings, Mrs Singh wishes to rely on s 7(3) of the Divorce Act to obtain a redistribution of assets. Her legal counsel plans to argue that South African law should govern the parties' proprietary consequences of marriage, since they intended to 8 establish a domicile in Cape Town when entering into marriage. Advise her counsel on the chances of success of their argument. Your answer should include a brief case discussion of the relevant prescribed case.