Marriage & Matrimonial Property
The legal status of a marriage is determined by the legal regime of the country where it was solemnised or concluded.
There are reasons for this, chief among them being that a marriage is in essence an agreement between at least two consenting parties, where reciprocal obligations arise.
Jurisdiction in respect of contractual disputes is mainly (not exclusively however) founded where the contract was concluded.
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It is not uncommon that at the behest of a moment of deep romance, parties in romantic relationships find themselves making decisions which have far reaching implications pertaining to their individual estates, when a marriage is eventually concluded.
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.
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.
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.
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.
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.
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.
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.
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