September 6, 2017

Planning your estate as newlyweds

Planning your estate as newlyweds For newlyweds, one of the most important tasks to attend to is estate planning. The estate planning will depend on what the couple wants and what form of marriage they are in. It is therefore important to keep the following in mind when planning the years ahead together.  Marriage in […]
September 6, 2017

Antenuptial contracts: With or without the accrual system?

Antenuptial contracts: With or without the accrual system? If you don’t have an ANC, you are automatically married in community of property. This means that there is one estate between a husband and a wife. Everything is shared equally between spouses, which includes debts. However, with an antenuptial contract, the estates of each spouse remain […]
October 20, 2016

Do I need an Antenuptial contract before marriage?

Do I need an Antenuptial contract before marriage? An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system. An antenuptial contract offers a number of benefits: 1. Preventing your intended marriage […]
July 26, 2016

Common law marriage in South Africa

Common law marriage in South Africa In South African law there is no such thing as a common law marriage. People simply believe that living together with another person for a continuous period of time establishes legal rights and duties between them. This is a common misunderstanding especially with young adults.The only way to be […]
March 16, 2016

How to change your marital status to another form of marriage contract

How to change your marital status to another form of marriage contract Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change the matrimonial property system which applies to their marriage.     Requirements The decision in Lourens et […]

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