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Marriage & Matrimonial Property

The Downfalls of South Africans Getting Married Abroad

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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Customary Marriage in South Africa & the Division of Joint Estate

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.

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Registering an Antenuptial Contract in South Africa

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.

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The Benefits of an Antenuptial Contract

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.

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Asset Accrual Calculation – Accrual System on Divorce

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.

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Notarial Contract and Life Partnership Affidavit – What is the Difference?

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.

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Everything You Need to Know About the Registration of Marriage 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.

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Chapter 37 – Civil Union Marriage Law According to Zimbabwe

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.

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Foreign nationals marrying South African citizens

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.

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Muslim Marriages to Become Recognised in South Africa

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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