Marriage & Matrimonial Property
Without a doubt, being married in community of property is a much cheaper matrimonial regime for couples to enter into.
Although it is also the most popular matrimonial regime to enter into (by default), it does come with many disadvantages.
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A cohabitation agreement is a legal contract between two people who have chosen to live together, whether they are a heterosexual or a homosexual couple, in order to regulate the legal aspects such as property ownership, support obligations, estate and children.
The Matrimonial Property Act, 88 of 1984, does not apply to foreign marriages concluded in South Africa.
We can clearly see the dire need for an amendment of the Recognition of Customary Marriages Act in order to address uncertainties and contradictions, especially where women in customary marriages are concerned.
Your wedding day is coming up, and you have bought the perfect dress or suit, you've chosen the rings, and you've booked the venue. But what about your antenuptial contract?
On the 30th of April 2014, Muslim marriages became recognised as legal in the eyes of the South African law. This change has been described as being more than 300 years in the making.
In Hindu marriages, a spouse can enjoy the same rights as other couples who have registered their marriage in terms of the South African law.
However, not all Hindu marriages are recognised by the South African law, and this can lead to serious complications when one spouse dies.
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