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
MARRIAGE CONTACT ARTICLES
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
Protecting Muslim Marriages Under the Law
The 2023 South African Divorce Amendment Bill 2023 signifies a significant step toward equality for Muslim South Africans. The Bill defines Muslim marriages as unions
May 31, 2024
Postnuptial Marriage Contracts: What You Need To Know From Bregman Moodley Attorneys
Marriage is a sacred bond between two individuals, often based on love, trust, and commitment. While prenuptial agreements have been a longstanding practice to protect
February 14, 2024
How Can a Person Living Abroad Enter into a South African Marriage Contract?
A client resides abroad, while her fiancé lives in South Africa. She inquired about the procedure for entering into an antenuptial contract. Introduction An antenuptial
September 6, 2023
Understanding Marriages Subject to Accrual: A Guide for Everyone
Understanding Marriages Subject to Accrual: A Guide for Everyone Marriage is a significant milestone in one’s life, and understanding the legal aspects that govern it
July 7, 2023
What is the effect of a marriage contract when an African couple marry traditionally and then has a civil ceremony?
In South Africa, African couples often have a dual marriage – they have a customary wedding ceremony followed later by a white wedding in front
December 8, 2022
The legal effect of marriages between foreign same-sex couples that marry in South Africa
A person’s domicile is the country where they live or intend to live permanently. Our robust Constitution has long since recognised same-sex marriages in South
November 23, 2022
Marriages out of community of property subject to the accrual system
These principles apply to a marriage out of community of property with accrual: 1)Both spouses have separate estates when they get married and don’t share
November 4, 2022
Marriages in community of property
Community of property is the primary and default matrimonial property system of South Africa. If parties prefer to be married out of community of property,
November 4, 2022
Conflict between an ANC and contract providing for lifelong maintenance
In a recent Supreme Court of Appeal (SCA) case, the court had to decide if an agreement concluded between the parties conflicted with their antenuptial
October 12, 2022