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Marriage & Matrimonial Property
In South Africa, many couples live together for years without ever legally marrying. While this may feel like a modern and flexible arrangement, it creates a significant legal blind spot.
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The end of a relationship often raises one of the most difficult and emotionally charged questions: who stays in the family home, and who must leave?
Polygamous marriages, recognised under customary marriage law in South Africa, present unique legal challenges, particularly in estate planning and asset distribution.
Customary marriages hold deep cultural significance in South Africa, yet they are often subject to legal complexities, particularly when it comes to inheritance rights.
Marriage is more than just a symbolic commitment; it is a legally recognised union that comes with significant legal benefits and protections.
The legal recognition of spousal rights in marriages conducted under Hindu rites has been a contentious issue within South African law.
Marriage is a legal and binding contract between two parties, but not all marriages meet the legal requirements to remain valid under South African law.
In South Africa, customary marriages are a significant cultural practice, deeply rooted in the traditions and customs of various communities.
The law in South Africa provides for couples to choose the type of matrimonial property system they prefer when entering into marriages. For those who prefer to be married out of community of property, it is required that they execute a valid Antenuptial Contract before entering into the marriage.
In South Africa an Antenuptial Contract (ANC) ought to adhere to certain prescribed formalities to be recognised as legally valid. This is very important in many respects, as spouses may later find out after so many years that the Antenuptial contract they thought was valid was, all along, not valid.
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