by VDT Attorneys | May 21, 2026 | Antenuptial contract, Antenuptials
If spouses wish to be married out of community of property, whether with or without the accrual system, they must sign an Antenuptial Contract before the marriage takes place. If this step was overlooked, the couple cannot simply change their marital regime afterwards...
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 | Feb 12, 2019 | Antenuptials, Divorce, Family, Marriage
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 | Jun 7, 2018 | Antenuptials, Contract, Divorce, Estate Planning, Family, Marriage
In a marriage in community of property, our South African law determines that spouses to such a marriage has one joint estate and each party to the marriage has the right to perform juristic acts with regard to the joint estate as they are equal managers of the joint...
by VDT Attorneys | Sep 12, 2016 | Antenuptials, Business, Family, Partnerships
South African law has recognised the existence of universal partnerships between spouses married out of community of property since as early as 1945. A universal partnership can be defined as a partnership where each of the parties contribute something towards the...
by VDT Attorneys | Sep 8, 2015 | Antenuptials, Family, Marriage, Personal
Things change. What once seemed appropriate, a few years later may not. Fortunately, our law understands this and allows married couples to change their matrimonial property system at a later stage. But to dissuade flippant changes and to protect creditors, our law...
