by VDT Attorneys | May 29, 2024 | Divorce, Divorce Amendment Bill, Marriage, Marriage Act, Muslim marriage
The non-recognition of Muslim marriages, which have not been registered as civil marriages, was deemed unconstitutional. The Constitutional Court held that, at the time of dissolution of a Muslim marriage, the Divorce Act failed to provide for:1. Safeguarding the...
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 | Jan 16, 2024 | Accrual, Alter Ego Trusts, Divorce, Marriage, Trust
A trust is defined as the arrangement through which ownership in property belonging to one person is by virtue of a trust instrument made over or bequeathed, to another person, namely the trustee, in whole or in part, to be administered or disposed of according to the...
by VDT Attorneys | May 29, 2023 | Consent, Marriage, Marriage in community of property, Matrimonial Property Act
When spouses are married in community of property, our law dictates that a spouse requires the consent of the other spouse when entering into a transaction that affects the joint estate. But what happens when one spouse refuses to provide consent? In accordance with...
by VDT Attorneys | Mar 9, 2023 | Agreement, Customary marriage, Family Law, Legal Update, Marriage
The study noted how, despite the number of marriages entered having increased since the Covid-19 lockdown period, there is still a decline in the solemnisation of marriages with the highest number of marriages having been concluded in 2012. At present, there have been...
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...
