Marriage & Matrimonial Property
There are a number of reasons why couples may opt to remain unmarried despite undertaking reciprocal obligations towards each other that are similar to those in marriage relationships. The reasons are various, from estate planning, career considerations, religious reasons, family relations to the lure of independence as an individual.
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In this age of massive information dissemination on the cyberspace, the growth of information sources on various platforms has led us to believe that many people are now familiar with what marriage in community of property is, at least in its most basic form. For laymen that is enough and useful, because to go anywhere beyond that point would require a qualified legal practitioner to assist e.g. divorces, Antenuptial Contracts etc.
Further to the usual partying of the festive season, it is also a time where many couples schedule weddings to celebrate tying the knot. The huge pressure and strain that comes with organising and putting together a wedding more often leaves some little but important details unattended to. Unfortunately for some, the importance of these minor details only becomes manifest when the spouses are already in their new home.
In the English language vocabulary context, accrual means what has been accrued or gained. In the legal context, the same meaning does apply and in the context of matrimonial property systems, accrual means what has been added to or gained apart from what has been there before.
South African matrimonial property regulation recognises three distinct regimes being the marriage in Community of Property, Out of Community of Property with the Accrual system and the Out of Community of Property without the Accrual system.
Marrying a foreigner in South Africa is relatively straight forward if you have a local marriage officer on your side. However, if you are a South African marrying a foreigner outside of the country, you will need to pay special attention to the advice in this article.
Planning and concluding a marriage is one of the most exciting events in many people’s lives. This article briefly discusses the various essential and ancillary issues surrounding the conclusion of marriage, in order for it to be valid and effective.
Due to various political and socio-economic reasons in the past two decades, emigration to South Africa from countries in the region and the continent has surged immensely. This has naturally led to immigration laws, regulations and policies by the government of South Africa to be on a continuous path of development and modification to suit the altering patterns in immigration.
South Africa has for a while became a preferred destination for work, tourism, retirement, religious, business and other various activities. Consequently, marriages between foreign nationals and South Africans have become commonplace as social barriers become less and less matters of concern.
Where one of the spouses in a marriage becomes sequestrated, the system that governs their matrimonial property is important in the determination of consequences on the estate of the other spouse.
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