Marriage & Matrimonial Property
When marrying a foreigner in South Africa, there are various legal requirements which must be met in order for the marriage to take place.
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If you are a South African citizen who is getting married in another country, it’s important that you understand all the legalities involved in this scenario.
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.
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.
In the past, if your were responsible for a marriage being wrecked then you could not benefit financially from it and your partner would, therefore be granted a forfeiture order.
In this article we will be discussing estate planning and how it relates to the 3 main types of marriage.
It is widely, and mistakenly, believed that couples, whether heterosexual or same-sex , living together for a long period of time results in a common law marriage, thus giving each spouse the equal protection of the law.
Without a doubt, being married in community of property is a much cheaper matrimonial regime for couples to enter into.
Although it is also the most popular matrimonial regime to enter into (by default), it does come with many disadvantages.
A cohabitation agreement is a legal contract between two people who have chosen to live together, whether they are a heterosexual or a homosexual couple, in order to regulate the legal aspects such as property ownership, support obligations, estate and children.
The Recognition of Customary Marriages Act was brought into question during a legal battle wherein the parties felt that they had been discriminated against for being in Venda customary marriages.
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