Marriage & Matrimonial Property
Many couples have the dream of getting married abroad in an exotic destination, but there are certain pitfalls that can come from doing this.
South African marital laws presume that a woman’s home is with her husband’s home and when they get married, the woman is legally bound by the laws of the country he treats as his home.
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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.
Before registering an antenuptial contract, the agreement needs to be notarised by a practicing notary attorney who has no personal relation to either one of the spouses.
An antenuptial contract is an agreement entered into by two people, who intend on getting married, before the actual marriage takes place.
Should the couple fail to enter into a valid, notarised antenuptial contract before their marriage, they will, by default, be married in community of property.
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.
There is a subtle difference between a notarial contract and a spousal affidavit. However, both documents are a crucial part of the application for a life partner visa in South Africa.
The legal registration of marriage in South Africa requires certain documents to be handed to a marriage officer before the ceremony may take place.
Originally, civil union marriage was referred to in Chapter 37 of the Marriage Act. However, the new Act refers to civil marriage in chapter 5 clause 11. The type of marriage recognised in this section of the act is universally described as a civil union marriage or monogamous union.
There are certain marriage requirements for foreigners in South Africa. These requirements are specific and must be met in order for the marriage to be lawful.
According to The South African Marriage Act of 1961, up until the year 2000, the only marriage considered lawful was civil marriage.
Because Muslim marriages in South Africa do not follow the laws outlined within the Marriage Act, such marriages have never been legally recognised under South African law.
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