Antenuptial contracts: With or without the accrual system?
If you don’t have an ANC, you are automatically married in community of property. This means that there is one estate between a husband and a wife. Everything is shared equally between spouses, which includes debts. However, with an antenuptial contract, the estates of each spouse remain separate. The difference comes with the addition of […]
Customary marriages in South Africa
In South Africa, there are various forms of marriage, which includes Civil Marriage, Customary Marriage and Civil Union. For a long time, customary unions (marriages) did not have the same full legal status as civil marriages (e.g. magistrate’s court marriages) had in South African law. This was unfair discrimination and also made women in customary […]
Customary marriages and community of property
Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. A marriage that is valid in terms of customary law and was in existence at the time of commencement of the Act, is for all purposes recognised as […]
Antenuptial contracts: Can I get one after marriage?
Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]
Can breaking-off an engagement prompt legal action?
Once a couple has become engaged, you could say that they have concluded a verbal contract to get married. From that point, up until the marriage, the couple would be committed to getting married, as well as the planning and preparation leading up to it. However, in some instances, one of those in the relationship […]
Do I need an antenuptial contract before marriage?
An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system. An antenuptial contract offers a number of benefits: 1. Preventing your intended marriage from automatically being in community of property 2. […]
How can a person get married in South Africa?
A person can get married in terms of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a valid marriage, but the spouses in a religious marriage can be protected by law in certain instances. What are the general requirements for a valid marriage? 1. Both persons […]