Marriage & Matrimonial Property - Legal Articles — Page

 

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Marriage & Matrimonial Property

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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A Cohabitation Agreement creates legal certainty for partners

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.

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Property rights afforded to women in polygamous customary marriages

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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