Is an agreement between spouses contrary to the ANC valid?

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...

Why an antenuptial agreement may be important when getting married in terms of customary law

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...

To what extent are Muslim marriages legally recognised in South Africa?

by VDT Attorneys | Oct 4, 2018 | Marriage

Currently, a marriage concluded in terms of the Islamic faith is not recognised as a legally valid marriage in South Africa. In our law, a marriage can be concluded in terms of the Marriages Act 25 of 1961 which is known as a civil marriage or in terms of the Civil...

When does a parent’s duty to financially support a child end?

by VDT Attorneys | Jun 7, 2018 | Child, Child Support, Divorce, Family, Litigation, Marriage

Section 18 of the Children’s Act 38 of 2005 states that the parental responsibilities and rights in respect of a child include the responsibility and the right to contribute to the maintenance of the child. Maintenance includes the reasonable provision towards a child...

What is your duty to enquire whether a couple is married in community of property?

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...

When are you legally married?

by VDT Attorneys | Oct 13, 2015 | Family, Marriage

A marriage can be defined as a legally recognised, life long, voluntary union between two people. In our law civil marriages are acknowledged and regulated by the Marriage Act that sets out the following requirements for the establishment of a civil marriage:  • Both...