by VDT Attorneys | Sep 16, 2025 | husbands to assume their wives surnames, Marriage, Spousal surnames
Background of the caseThe challenge began in the High Court of South Africa, Free State Division in Bloemfontein. The couples approached the High Court to declare Section 26(1)(a)-(c) of the Act unconstitutional, claiming that it was discriminatory against husbands....
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...
