The accrual system in South African matrimonial law
Understanding the Accrual System in South African Matrimonial Law When getting married in South Africa, one of the most important financial decisions a couple makes
November 6, 2025
MARRIAGE CONTACT ARTICLES
What Does the Law Say About Registering an ANC After Marriage?
Forgot to sign your ANC before your wedding? Learn about the South African legal process for post-nuptial contract registration to protect your assets. Written by
November 6, 2025
Binding Commencement Values in Antenuptial Contracts: SCA Confirms Contractual Certainty in Accrual Calculations
Overview of the Case: D.C.M v C.C.M (2025) Introduction This recent case from the Supreme Court of Appeal (SCA) clears up an ongoing legal debate:
June 30, 2025
Binding Commencement Values in Antenuptial Contracts: What the SCA’s Judgment Means for Divorcing Spouses
Written by Roy Bregman, an admitted attorney with over 51 years’ experience in family and matrimonial law. Introduction: The Legal Significance of Commencement Values in
June 30, 2025
Understanding the Accrual System: CPI Adjustments & Contractual Exclusions Marriages Under the Accrual System
The Matrimonial Property Act 88 of 1984 (the Act) provides that when a couple signs an antenuptial contract that excludes community of property and community
March 27, 2025
South African Law on Foreign Marriages: Domicile, Property Regimes, and Legal Implications
Introduction This article examines the legal implications of marriages solemnized outside South Africa, focusing on the determination of applicable law and property regimes. It explores
February 24, 2025
To Change A Matrimonial Property Regime From Out Of Community Of Property To In Community Of Property In South Africa
To change a matrimonial property regime from out of community of property to in community of property in South Africa, the following key requirements and
November 27, 2024
Reasons Justifying a Matrimonial Regime Change
When considering an application to change a matrimonial property regime, the court looks for sound reasons that justify the proposed change. These are some of
November 27, 2024
South African Customary Marriage: Civil Union and Antenuptial Contracts
Civil Marriage After Customary Marriage – spouses cannot enter an ANC for a civil marriage if it wasn’t executed and registered before their customary marriage.
November 27, 2024
Landmark Case: Husbands’ Right to Adopt Wives’ Surnames in South Africa
We provide a summary of the case of J.J and Others v Minister of Home Affairs and Another, a landmark decision by the Bloemfontein High
November 5, 2024
Understanding Antenuptial Agreements and Asset Exclusion in Marriage
Introduction When two individuals decide to get married, one of the key financial decisions they face is whether to enter into a marriage with an
September 18, 2024
Same-Sex Marriages, Civil Unions, and Domicile Law in South Africa
Introduction Understanding the legal implications of marriage, particularly when it involves parties from different countries, can be complex. In South Africa, the law that governs
August 12, 2024