Divorce & Family Law
Marriage in community of property is a type of matrimonial regime which joins the estates of the two spouses into one estate of equal shares.
Therefore, the couple who marries in community of property owns the joint estate together and the estate can only be divided should the couple choose to terminate the marriage.
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A customary marriage in South Africa refers to a marriage that is negotiated, concluded or celebrated according to indigenous African customary law.
With customary marriages, there is often some confusion around the legal right to make claims on the matrimonial property after the marriage has ended.
Accrual is defined as the accumulation or increase of something over time. When referring to marriage out of community of property with accrual, we refer to a type of contract entered into by the couple before solemnising their marriage.
An antenuptial contract, also known as a prenuptial agreement, is a contract entered into by two people who intend to get married. This document states how their assets will be dealt with in the event of divorce or death.
However, according to South African law, any marriage entered into without an antenuptial contract is by default a marriage in community of property.
When it comes to child custody laws in South Africa, there are many common questions that divorcees may want the answers to.
Child custody laws in South Africa are governed by the Children’s Act which also defines parental rights and responsibilities.
Parents have a fundamental responsibility to be actively involved in their child’s lives. However, in some cases the parents are unable to find mutual grounds regarding their child’s best interests.
Living together unmarried has definite implications that ensure you need to plan your financial partnership very carefully. This is partly due to a lack of the obligations and protection that a marriage contract automatically provides.
The best way to stay on top of things and keep control of the situation is to be prepared. It’s a great idea to meet with a divorce attorney to discuss your financial status.
It is possible for more than one person to have parental rights and responsibilities, even if the person is not a biological relation of the child.
In the case of one couple who were married in community of property, the wife (plaintiff) filed a claim for forfeiture of her husband’s (defendant) patrimonial benefits in terms of section 9(1) of the Divorce Act.
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