Divorce & Family Law
This is the second and final part of our “preparing for divorce checklist” series which looks at all the financial considerations when getting divorced in South Africa.
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The decision to get divorced is not an easy one for couples to make as it’s the first step to a process which can be time consuming as well as emotionally and financially draining.
When it comes to divorce and retirement funds in South Africa, it’s imperative that the retirement fund clause in a divorce settlement agreement is drawn up by a divorce attorney.
In August 2018, the Western Cape High Court provided an answer to the question which asked if only one spouse married in community of property may sign a sole mandate agreement with an estate agent or agency.
Marriage in community of property is a type of matrimonial regime which joins the estates of the two spouses into one estate of equal shares.
Therefore, the couple who marries in community of property owns the joint estate together and the estate can only be divided should the couple choose to terminate the marriage.
A customary marriage in South Africa refers to a marriage that is negotiated, concluded or celebrated according to indigenous African customary law.
With customary marriages, there is often some confusion around the legal right to make claims on the matrimonial property after the marriage has ended.
Accrual is defined as the accumulation or increase of something over time. When referring to marriage out of community of property with accrual, we refer to a type of contract entered into by the couple before solemnising their marriage.
An antenuptial contract, also known as a prenuptial agreement, is a contract entered into by two people who intend to get married. This document states how their assets will be dealt with in the event of divorce or death.
However, according to South African law, any marriage entered into without an antenuptial contract is by default a marriage in community of property.
When it comes to child custody laws in South Africa, there are many common questions that divorcees may want the answers to.
Child custody laws in South Africa are governed by the Children’s Act which also defines parental rights and responsibilities.
Parents have a fundamental responsibility to be actively involved in their child’s lives. However, in some cases the parents are unable to find mutual grounds regarding their child’s best interests.
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