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Marriage Contracts Featured Articles

  • Destination weddings and marital status I’m getting married in the UK. Do I need an antenuptial contract (ANC)? The “default” position in the UK (also in Zimbabwe and Botswana, to name a few other countries) ...
  • Can I exclude my pension benefits from an ANC with accrual? A client asked me: Can parties exclude from the operation of the accrual, the one party’s entitlement to share in the pension or provident benefits of the other party, and ...
  • Is an unregistered marriage contract binding on the parties? In a recent case heard in the High Court of KwaZulu-Natal, (KS v MS  JOL 33262 (KZD)), in a divorce action between the parties, two issues were separated and were now before ...
  • A summary of customary marriages in South Africa The Recognition of Customary Marriages Act, 120 of 1998 (RCMA), that came into operation on 15 November 2000, gives full legal recognition to customary marriages in South Africa. The following summarises ...
  • MATRIMONIAL PROPERTY IN CIVIL & CUSTOMARY MARRIAGES What is a Civil Marriage? This is a marriage in terms of the Marriage Act No 25 of 1961 and the Matrimonial Property Act No 88 of 1984. How do you marry ...
  • Marriage in Community of Property With due acknowledgement to the Law Society of South Africa How does it work? Both spouses share equally in the assets and liabilities. Spouses have equal powers of administration and (except for some exceptions) ...
  • Marriage out of community without the accrual system With due acknowledgement to the Law Society of South Africa You can have your attorney draft an antenuptial contract tailored to your own individual needs. Such a contract is recommended where: Both parties are ...
  • Marriage out of community of property with the accrual system Describes the accrual system With due acknowledgement to the Law Society of South Africa During the marriage each spouse retains control of his or her own property, builds up his or her own ...
  • Next steps in the ANC process When I receive your marriage contract, I will check it for errors and then email it back to you. The following documents must be signed: You, your fiancé and two witnesses over the ...
  • Change of surname on marriage It is the social custom of the land for the wife to adopt the family name or surname of the husband, together with the designation “Mrs”. Change of surname on marriage   Source: ...

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