The Present Day State of the Institution Called Marriage

This article discusses marriage, Customary Law, Domestic Partnerships and Islamic Marriages Source – Langenhoven Attorneys, Verreniging Reproduced from Gauteng Law Council Newsletter – August 2008 The marriage and the civil union In Butterworth’s compendium Family Law Service (First Binder s.v. Definition and characteristics of marriage) a marriage is defined as follows: Marriage is traditionally defined… Continue Reading

Financial Consequences of Marriage

When a couple decides to marry, the most important decision they have to make is to decide under what matrimonial property system they are going to marry. That is, they need to decide if they are going to get married in community of property, or out of community of property, with accrual or without accrual.… Continue Reading

Privacy and your antenuptial Contract

To preserve your privacy there is a way to avoid reflecting your net worth in the marriage contract In terms of Section 6 of the Matrimonial Property Act, the parties to an Antenuptial contract may leave out the starting values of their respective estates in their ANC. In this way they keep this information away… Continue Reading

African marriages and antenuptial contracts

Customary law marriages are governed by customary law, the Recognition of Customary Marriages Act and the Matrimonial Property Act. In terms of these acts, marriages are automatically in community of property unless the parties enter into an antenuptial contract (ANC) before their marriage. If parties to a customary marriage wish to get married out of community… Continue Reading

Civil Union Marriages

The Civil Union Act, 2006 (Act No. 17 of 2006) gives same-sex couples the same rights and status as heterosexual married couples. In terms of the Civil Union Act, anyone 18 years or older may enter into a civil union. The parties to the civil union may choose to have their civil union registered as either… Continue Reading

Civil and Customary Marriages

Is a civil marriage concluded subsequent to a customary marriage valid or not? Source: DAVE WILLIAMS, COUNCILLOR: LIMPOPO LAW COUNCIL (with full credit to Mr Allen West) Is a civil marriage concluded subsequent to a customary marriage valid or not? CIVIL MARRIAGES 1.            Marriages in terms of the Black Administration Act No. 38 of 1927 – Period 1929 to… Continue Reading

South Africans marrying overseas

What is the effect of a South African couple getting married overseas? South Africans marrying overseas What is the effect of a South African couple getting married overseas? For example, if a South African couple is on holiday in England and, on an impulse, decides to get married, would their marital regime be one in… Continue Reading

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