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Marriage & Matrimonial Property
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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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.
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.
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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