Marriage & Matrimonial Property - Legal Articles — Page

 

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Marriage & Matrimonial Property

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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US citizens getting married in South Africa - What you need to know

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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South Africans getting married in another country

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.

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Contracts Concerning Love - Cohabitation agreements

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.

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A divorce case relating to the forfeiture of assets

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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Divorce and the forfeiture of assets

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. 

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Marriage contracts and implications for estate planning

In this article we will be discussing estate planning and how it relates to the 3 main types of marriage.

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Marriage compared to Life Partnership Agreements

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.

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Marriage in community of property and how to change this

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. 

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