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…
Court asked to change divorce law to allow spouses married out of community of property right to claim assets – 17 March 2022
The Gauteng High Court, Pretoria, has reserved judgment in an application that could pave the way for divorcing spouses, married out of community of property and without the accrual system, to be compensated for what they consider to be their financial contribution to the marriage…
Getting divorced: Calculating the accrual and dividing the assets – 10 May 2021
Many couples do not spend enough time before getting married ensuring that their antenuptial contracts are aligned with their needs…
Government begins talks on new marriage laws for South Africa – 13 October 2021
The Department of Home Affairs (DHA) has begun public consultations on its Green Paper on Marriages in South Africa.
The department said the consultations, which will take place at workshops throughout the country, follow the submission of public comments earlier this year…
HOW MARRIAGE CONTRACTS AFFECT HOMEOWNERSHIP – 11 October 2021
There are several marital systems recognised by the South African Deeds Offices, each of which will influence property transactions in different ways. Understanding this, can help homeowners make good investment decisions upfront…
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
My late husband married another woman without my knowledge and left his estate to her. What can I do? – 20 October 2021
I married my husband under customary law in 2010. We have three children together. I found out that he had married a second wife under civil law without consulting me…
New court ruling has massive implications for marriage and divorce in South Africa – 12 May 2022
The Pretoria High Court on Wednesday (11 May) ruled that a part of South Africa’s Divorce Act is unconstitutional, setting up major changes for how divorces are handled when couples are married out community of property in the country…
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…
Spousal Maintenance After Divorce and the “Clean Break” Principle – July 2021
“The clean break principle after divorce has found resonance with our courts for many years. The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.”…
THE LEGAL CONSEQUENCES UPON THE DISSOLUTION OF A COHABITATION RELATIONSHIP – 23 February 2021
While many young adults prefer the sanctity of exchanging vows and entering into a marriage, more and more couples opt for less traditional forms of commitment and choose simply to live together – or, to cohabit…
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…