MARRIAGE CONTACT ARTICLES
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Amendment of your Antenuptial Contract
Can married parties vary the term of their existing antenuptial contract (ANC), without going to court? It is a general rule in our law that
Recognition of foreign marriages in South Africa
Destination weddings If you intend to have a destination wedding or if the husband is not a South African, you can and should enter into
Marriages solemnised outside South Africa.
A client asked: ‘We are a South African couple that got married in Mauritius. Are we married in or out of community of property? These
Civil Union Act amendment
On 20 October 2020, parliament repealed section 6 of the Civil Union Act that previously permitted a marriage officer to object to solemnise a civil
Destination weddings and marital status
I’m getting married in the UK. Do I need an antenuptial contract (ANC)? The “default” position in the UK (also in Zimbabwe and Botswana, to
Can I exclude my pension benefits from an ANC with accrual?
A client asked me: Can parties exclude from the operation of the accrual, the one party’s entitlement to share in the pension or provident benefits
Is an unregistered marriage contract binding on the parties?
In a recent case heard in the High Court of KwaZulu-Natal, (KS v MS [2015] JOL 33262 (KZD)), in a divorce action between the parties, two issues were
A summary of customary marriages in South Africa
The Recognition of Customary Marriages Act, 120 of 1998 (RCMA), that came into operation on 15 November 2000, gives full legal recognition to customary marriages
MATRIMONIAL PROPERTY IN CIVIL & CUSTOMARY MARRIAGES
What is a Civil Marriage? This is a marriage in terms of the Marriage Act No 25 of 1961 and the Matrimonial Property Act No
Marriage in Community of Property
With due acknowledgement to the Law Society of South Africa How does it work? Both spouses share equally in the assets and liabilities. Spouses have equal
Marriage out of community without the accrual system
With due acknowledgement to the Law Society of South Africa You can have your attorney draft an antenuptial contract tailored to your own individual needs. Such
Marriage out of community of property with the accrual system
Describes the accrual system With due acknowledgement to the Law Society of South Africa During the marriage each spouse retains control of his or her own