Marriage & Matrimonial 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.
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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.
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.
The legal registration of marriage in South Africa requires certain documents to be handed to a marriage officer before the ceremony may take place.
Originally, civil union marriage was referred to in Chapter 37 of the Marriage Act. However, the new Act refers to civil marriage in chapter 5 clause 11. The type of marriage recognised in this section of the act is universally described as a civil union marriage or monogamous union.
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