by VDT Attorneys | Feb 7, 2024 | Antenuptial contract, Customary marriage, Marriage, Marriage out of community of property, Matrimonial Property Act
Today, the conclusion of a customary marriage is governed by the Recognition of Customary Marriages Act 120 of 1998 (“RCMA”) read together with the Matrimonial Property Act 88 of 1984 (“MPA”). For a customary marriage to be valid, the parties must be older than 18...
by VDT Attorneys | Nov 6, 2023 | Antenuptial contract, Antenuptials, Claim, Maintenance
Section 7(2) of the Divorce Act 70 of 1979 is the point of departure in any question of spousal maintenance in divorce actions. This section sets forth the factors upon which a court will rely when considering a claim for spousal maintenance, the amount payable and...
by VDT Attorneys | Jan 10, 2023 | Antenuptial contract, Divorce, Marriage, Matrimonial Regimes
An antenuptial contract or ANC, entered into before the conclusion of a marriage, is used to govern the matrimonial property system between spouses. But what happens if the parties to a marriage conclude a separate agreement which purports to change some of the...
by VDT Attorneys | Aug 5, 2020 | Antenuptial contract
Marriage in community of property Should you not enter into an antenuptial contract, or not follow the correct procedure required for the registration of an antenuptial contract, the marriage will be in community of property. The consequences of such a marriage are...
