Feb 28, 2018 | Family Divorce and Matrimonial Law, Notarial Deeds
An antenuptial contract or ANC means that you are married out of community of property. The most common reason why people elect to marry with this marital regime is to protect their assets and financial position prior to and during the marriage. Protection is offered...
Nov 24, 2017 | Family Divorce and Matrimonial Law
The short answer is yes. Both spouses do not have to be in South Africa in order to get divorced and the same procedures are followed as if both spouses were present within the Republic. First, a summons is drafted, then it is issued by the Clerk of the Court and...
Oct 4, 2017 | Family Divorce and Matrimonial Law
Co-habitation refers to a living arrangement where people live together without being legally married to each other. The relationship has no legal rights and duties and is not recognised by the law as a marriage. The common law marriage myth This arrangement is...
Jun 13, 2017 | Family Divorce and Matrimonial Law, Trusts and Estates
The Civil Union Act 17 of 2006 (CUA) legalised and regulated same-sex marriages. But what happens in a same-sex permanent partnership where a partner dies intestate, meaning without a will? Can the surviving partner inherit the estate? On 30 November 2016, the...
Mar 15, 2017 | Family Divorce and Matrimonial Law
Couples entering a marriage by way of Muslim rites first, can utilise the Imams as Marriage Officers (IMO) route thereafter in order to gain civil recognition as well. This broadens a Muslim couple’s umbrella of legal protection if any dispute arises in respect of...