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) of being married out of community of property when one gets married without a contract, is diametrically opposed to the South African position, which is… Continue Reading

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 the position: The law recognises your customary marriage if you and your spouse are both older than 18; You have both agreed to be… Continue Reading

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) both can act independently. Written consent of both is required for certain important transactions such as those relating to fixed property, suretyship… Continue Reading

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 age of 16 years, must sign the Power of Attorney (PA) that authorises me to appear before a notary on your behalf. The… Continue Reading

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: Family Law Services   It is the social custom of the land for the wife to adopt the family name or surname… Continue Reading

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