Marriage & Matrimonial Property - Legal Articles — Page

 

Legal Articles

From category archives: Legal Articles

Marriage & Matrimonial Property

Expected Changes in Marriage Laws in South Africa

The introduction of changes to marriage laws in South Africa can be expected as The Department of Home Affairs is developing new policies which are built on the foundation of the constitution.

Read the rest of entry »

Sole Mandate Agreement and Marriage in Community of Property

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.

Read the rest of entry »

Marriage in Community of Property - Types of Spousal Consent

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.

Read the rest of entry »

The Downfalls of South Africans Getting Married Abroad

Many couples have the dream of getting married abroad in an exotic destination, but there are certain pitfalls that can come from doing this.

South African marital laws presume that a woman’s home is with her husband’s home and when they get married, the woman is legally bound by the laws of the country he treats as his home.

Read the rest of entry »

Customary Marriage in South Africa & the Division of Joint Estate

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.

Read the rest of entry »

Registering an Antenuptial Contract in South Africa

Before registering an antenuptial contract, the agreement needs to be notarised by a practicing notary attorney who has no personal relation to either one of the spouses.

Read the rest of entry »

The Benefits of an Antenuptial Contract

An antenuptial contract is an agreement entered into by two people, who intend on getting married, before the actual marriage takes place.

Should the couple fail to enter into a valid, notarised antenuptial contract before their marriage, they will, by default, be married in community of property.

Read the rest of entry »

Asset Accrual Calculation – Accrual System on Divorce

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.

Read the rest of entry »

Notarial Contract and Life Partnership Affidavit – What is the Difference?

There is a subtle difference between a notarial contract and a spousal affidavit. However, both documents are a crucial part of the application for a life partner visa in South Africa.

Read the rest of entry »

Everything You Need to Know About the Registration of Marriage in South Africa

The legal registration of marriage in South Africa requires certain documents to be handed to a marriage officer before the ceremony may take place.

Read the rest of entry »

Pages: Previous123NextReturn Top


Subscription

Get the latest updates in your email box automatically.

Search

Archive

CloseCOVID-19 Corona Virus South African Resource Portal