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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.
An antenuptial contract, also known as a prenuptial agreement, is a contract entered into by two people who intend to get married. This document states how their assets will be dealt with in the event of divorce or death.
However, according to South African law, any marriage entered into without an antenuptial contract is by default a marriage in community of property.
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.
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.
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.
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.
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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