91 The dissenters in each instances identified that free selection, in this sort of situation, was typically an phantasm. In explicit, as Justice Sachs wrote, in the South African case, structures of gender discrimination that disadvantage girls usually are not distinctive to marriage but additionally affect unmarried cohabiting couples. ninety The majority stressed the necessity to respect autonomous selections; where an individual or couple chose not to marry and to accept the legal consequences of marriage, these shouldn’t be imposed by a courtroom. 88 the distinction was a statutory presumption that matrimonial property ought to be divided equally
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