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 | 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...