Tag Archivescustomary marriages
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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3D printing

Customary Law and a Valid Executed Will

Not all rules and regulations are governed by written Legislation. The Constitution of South Africa recognises unwritten “Legislation” namely, Common and Customary Law. Customary Law is defined as: “An established system of immemorial rules which has evolved from the way of life and natural wants of the people, the general context of which was a […]

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The recognition of civil, cultural, religious and same – sex marriages in South Africa

Marriage is so much more than just the celebration and your change in status. A legally valid marriage automatically allows you to inherit in the absence of a will and in the case of divorce, to be eligible for spousal maintenance. The Constitution of the Republic of South Africa states that everyone is equal before […]

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