Tag Archivesmarriage contracts

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 […]

Read full story

Pension fund benefits and antenuptial contracts

The inclusion of pension benefits in antenuptial contracts incorporating the accrual system, can without proper consideration result in an increased accrual payout which was not intended when concluding the antenuptial contract. Similarly in divorces where the operation of the accrual system is excluded, the pension benefit cannot always serve as a means of settling claims […]

Read full story

Antenuptial contracts and estate planning

An antenuptial contract is one of the most important contracts that a person will enter into during his / her lifetime. It regulates, in terms of South African law, whether a marriage will be one in community of property or out of community of property with, or without the application of the accrual system. It […]

Read full story

Marital property regimes in South Africa

In South Africa, two main marital property regimes exist, namely: 1. The marriage in community of property and of profit and loss and, 2. The marriage out of community of property, where two options exist, namely: 2.1 out of community of property with the application of the accrual system and, 2.2 out of community of […]

Read full story