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When you get married, you’re not just sharing a life—you’re also entering a legal and financial arrangement. In South Africa, the law offers several matrimonial property regimes, each with different implications for how assets are owned and divided.
In a recent ruling, the Constitutional Court decided that section 1(1) of the Intestate Succession Act is unconstitutional in that it does not include life partners in relationships intended to be permanent in the definition of “spouse”.
A customary marriage in South Africa refers to a marriage that is negotiated, concluded or celebrated according to indigenous African customary law.
With customary marriages, there is often some confusion around the legal right to make claims on the matrimonial property after the marriage has ended.
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