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Marriage & Matrimonial Property

Estate Planning in Polygamous Marriages: Legal Challenges in SA

Polygamous marriages, recognised under customary marriage law in South Africa, present unique legal challenges, particularly in estate planning and asset distribution.

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Inheritance Rights in Customary Marriages: Legal Considerations in SA

Customary marriages hold deep cultural significance in South Africa, yet they are often subject to legal complexities, particularly when it comes to inheritance rights.

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The Legal Benefits of Marriage in South Africa

Marriage is more than just a symbolic commitment; it is a legally recognised union that comes with significant legal benefits and protections.

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Spousal Rights in Relation to Hindu Marriages in South Africa

The legal recognition of spousal rights in marriages conducted under Hindu rites has been a contentious issue within South African law.

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Grounds for Voidable Marriage: What You Need to Know

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.

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Importance of Executing an Antenuptial Contract Before Customary Rites

In South Africa, customary marriages are a significant cultural practice, deeply rooted in the traditions and customs of various communities.

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Can an Antenuptial Contract be Executed After the Marriage has Already Been Entered Into?

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.

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Formalities of an Antenuptial Contract

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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Does SEC 3(1)(b) Of The RCMA Act Against Legal Certainty? - Part II

In our previous discussion on this topic, we noted that the Recognition of Customary Marriages Act 120 of 1998 (the Act) [as amended] was promulgated to formalize customary marriages in South Africa. 

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Debunking Some Myths On The Piths Of Customary Marriages - Part I

From our experience, we have discovered that there is quite a number of couples whom the law recognizes as married under customary law, whereas the couples consider themselves not. It comes as a shock when they are eventually advised that in fact the law recognizes them as married. Most often this happens where families conduct indigenous customary marriage rites in anticipation of a “white” wedding at a later stage. In this discussion we will debunk some myths and share insights with regard to customary marriages.

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