Family Law

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Antenuptial agreement

Customary Marriages and the Division of the Joint Estate

Introduction It is a common problem in South Africa, particularly in rural areas, that when spouses to a Customary Marriage institute divorce, the husband indicates an unwillingness to accept the division of the matrimonial property. In most cases, people separate informally without obtaining a divorce and this leads to them missing out on benefitting from […]

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Muslim Marriages

The clock is ticking for Muslim Marriages Bill to be passed

  Introduction The judgment in Women’s Legal Centre Trust v President of the Republic of South Africa and Others, Faro v Bignham N.O. and Others, Esau v Esau and Others 2018 (6) SA 598 (WCC) echoes the decades long frustration of Parties to Muslim Marriages. Women married in terms of Muslim rites and children born […]

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