Marriage & Matrimonial Property - Legal Articles — Page 5

 

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Marriage & Matrimonial Property

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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The laws regarding the validity of foreign marriages

The Matrimonial Property Act, 88 of 1984, does not apply to foreign marriages concluded in South Africa.

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How Are Women Being Affected By The RCMA?

We can clearly see the dire need for an amendment of the Recognition of Customary Marriages Act in order to address uncertainties and contradictions, especially where women in customary marriages are concerned.

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Ten Facts About Antenuptial Contracts That You Should Know

Your wedding day is coming up, and you have bought the perfect dress or suit, you've chosen the rings, and you've booked the venue. But what about your antenuptial contract?

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Muslim marriages: Legal in South Africa

On the 30th of April 2014, Muslim marriages became recognised as legal in the eyes of the South African law. This change has been described as being more than 300 years in the making.

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Hindu Marriages: The Rights of a Spouse

In Hindu marriages, a spouse can enjoy the same rights as other couples who have registered their marriage in terms of the South African law.

However, not all Hindu marriages are recognised by the South African law, and this can lead to serious complications when one spouse dies.

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