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Marriage & Matrimonial Property

Can an Antenuptial Contract be Executed After the Marriage has Already Been Entered Into?

The law in South Africa provides for couples to choose the type of matrimonial property system they prefer when entering into marriages. For those who prefer to be married out of community of property, it is required that they execute a valid Antenuptial Contract before entering into the marriage.

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Formalities of an Antenuptial Contract

In South Africa an Antenuptial Contract (ANC) ought to adhere to certain prescribed formalities to be recognised as legally valid. This is very important in many respects, as spouses may later find out after so many years that the Antenuptial contract they thought was valid was, all along, not valid.

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Does SEC 3(1)(b) Of The RCMA Act Against Legal Certainty? - Part II

In our previous discussion on this topic, we noted that the Recognition of Customary Marriages Act 120 of 1998 (the Act) [as amended] was promulgated to formalize customary marriages in South Africa. 

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Debunking Some Myths On The Piths Of Customary Marriages - Part I

From our experience, we have discovered that there is quite a number of couples whom the law recognizes as married under customary law, whereas the couples consider themselves not. It comes as a shock when they are eventually advised that in fact the law recognizes them as married. Most often this happens where families conduct indigenous customary marriage rites in anticipation of a “white” wedding at a later stage. In this discussion we will debunk some myths and share insights with regard to customary marriages.

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When 'James Bond' Passes By On A Joint Bond

Behind the gentleman in tuxedos, is a man who always gets the job done. James Bond is agent 007, a fictional character in the James Bond franchise movies, the most successful in British history. 

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An Important Consideration for Unmarried Couples Needing A Bond

There are a number of reasons why couples may opt to remain unmarried. The reasons are various, from estate planning to career considerations, religious reasons, family relations and even the lure of independence as an individual.

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The Bolts & Nuts Of Marriage In Community Of Property

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.

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Why An Antenuptial Contract Could Save It All

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.

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What Accrual Means In Matrimonial Property

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.

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How Accrual In Matrimonial Property Is Calculated

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.

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