Tag Archivesantenuptial contracts
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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Antenuptial contracts and the Civil Unions Act

In terms of The Civil Unions Act 17 of 2006, a civil union is defined as a voluntary union between two persons of the same sex or of opposite sexes, older than the age of 18, solemnised and registered either by way of marriage or civil partnership. A civil union will have the same matrimonial […]

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Cohabitation: the implications where couples fail to plan

McDonald v Young (292 / 10) [2011] ZASCA 31 (24 March 2011) (McDonald case) and Butters v Mncora (181/2011) [2012] ZASCA 29 (28 March 2012) (Butters case) are two recent supreme court of appeal cases that clarified the position of unmarried couples living together — or cohabiting — without having a written cohabitation agreement in […]

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Foreign marriages: knowing your marital status when married in another country, with regard to conveyancing and estate planning

Marriages and civil unions in South Africa are governed by different marital property regimes which directly impact property ownership. These are either in or out of community of property. In South Africa, when executing an antenuptial agreement, or prenuptial agreement as termed in other countries (also known as a prenupt or prenup) the marriage is […]

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The effects of sequestration following a divorce in community of property

Couples, who marry in community of property often register immovable property such as a house in both their names. However, what happens should they get divorced and after the divorce, one of the spouses becomes insolvent – who is entitled to decide and deal with what happens to the immovable property in such a case. […]

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