Muslim marriages recognised

This is a judgment of the Constitutional Court, declaring invalid certain provisions of the Marriage and Divorce Acts, and recognising Muslim marriages. On application for confirmation of an order of constitutional invalidity granted by the Supreme Court of Appeal:  1.      The Supreme Court of Appeal’s order of constitutional invalidity is confirmed:  1.1.   The Marriage Act 25 of 1961… Continue Reading

Marriages solemnised between a foreigner and a South African citizen.

A client asked: “I am South African, and my husband is a Zimbabwean national. We got married in Johannesburg. Are we married in or out of community of property?” As a matter of private international law and longstanding South African precedent, the matrimonial property regime of a married couple is determined by the lex domicilii… Continue Reading

Enforceability of a prenuptial executory donation

DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP) Marriage — Divorce — Proprietary consequences — Marriage out of community of property — Antenuptial contract — Enforceability of prenuptial executory donation with terms contradicting those of parties’ antenuptial contract — Enforcing such inconsistent with court’s discretion under Divorce Act 70 of 1979, s… Continue Reading

Amendment of your Antenuptial Contract

Can married parties vary the term of their existing antenuptial contract (ANC), without going to court? It is a general rule in our law that an ANC cannot be amended between the parties after the conclusion of marriage and only a court can amend it. The High Court application is costly.  The parties can conclude… Continue Reading

Civil Union Act amendment

On 20 October 2020, parliament repealed section 6 of the Civil Union Act that previously permitted a marriage officer to object to solemnise a civil union between persons of the same sex on the ground of conscience. Thiruna Naidoo of the Centre for Human Rights stated that that the amendment was a positive step toward… Continue Reading

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

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