Matrimonial & Divorce

Civil Unions – 5 October 2021

The different forms of civil unions (which can be male/female or same-sex) require individuals, especially property practitioners, to understand the specifics pertaining to signature of the Offer to Purchase…

MARITAL STATUS: AVOID THESE PITFALLS WHEN CONCLUDING AGREEMENTS – 19 FEBRUARY 2019

Most people are generally aware that in some large transactions, if they are married in community of property, they require the consent of their spouse. Less are aware that without such consent, the property transfer or donation could be invalid; and even fewer are aware of the fact that where a third party transacted with such a spouse in good faith, it is possible that the law will deem that there was consent…

MUSLIM MARRIAGES: NOW AND THE YEAR 2022 – 18 December 2020

President of the RSA and Another v Womens Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/19) [2020] ZASCA 177 (18 December 2020)

In an important judgment handed down by the Supreme Court of Appeal in December 2020, it was acknowledged that our law’s treatment of the religious marriages concluded in terms of Shariah law has many negative consequences for spouses and children in those marriages

Planning to get married? A comparative analysis of marital regimes – 23 May 2022

The decision to get married requires careful consideration with regard to your respective finances. Merging your finances, in whatever format you choose for your relationship, is never easy – and it’s advisable to spend time before your marriage carefully choosing a matrimonial property regime that suits your unique set of circumstances…

Unenforceable clauses in a marriage contract – 09 May 2022

Spouses are generally free to include any provision in their antenuptial contract (ANC). However, the provision may not be contra bonos mores (against the good morals of the public), against nature, reason, public policy, prohibited by any law or purport to take over the powers of the court…

Unenforceable clauses in a marriage contract – 9 May 2022

Spouses are generally free to include any provision in their antenuptial contract (ANC). However, the provision may not be contra bonos mores (against the good morals of the public), against nature, reason, public policy, prohibited by any law or purport to take over the powers of the court…

Who Gets the House on Divorce? – April 2021

For those unfortunate couples whose marriages do eventually fall apart, often the most important asset in play from both a financial and an emotional perspective is the family home…