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Filter: Marriage
Spousal Consent: unveiling the challenges in community of property marriages

29 May 2023

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?

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428
Article
How valid is a marriage contract if not confirmed by court?

10 July 2020

I have been married to my husband for more than 20 years. We were both in our early twenties when... we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few years ago we created our own post-nuptial agreement to confirm that we see ourselves as married in community of property. Unfortunately, we have fallen on troubled times and wish to get divorced. My husband says we are still married out of community of property as the agreement we signed late is invalid. Is this true?

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339
Article
Why an antenuptial agreement may be important when getting married in terms of customary law

12 February 2019

I am getting married this year in terms of customary law. My fiancé and I are both professional persons and... want to be married out of community of property so we can each manage our own estates. How can we go about doing this?

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387
Article
To what extent are Muslim marriages legally recognised in South Africa?

04 October 2018

I am to be married according to my Islamic religion. Although I understand the practices of my faith, I’m not... sure how my marriage is viewed from a legal perspective in South Africa and what protection I have. Can you explain how the law will view my marriage as compared to a normal civil marriage?

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296
Article
When does a parent’s duty to financially support a child end?

07 June 2018

I’m divorced and have been paying maintenance for my ex and my two children for a number of years. My... eldest son has now finished school and wants to go to university. My ex is now insisting that I must contribute to his university studies as part of my maintenance obligations. Surely now that he is an adult, my responsibility to maintain has stopped?

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248
Article
What is your duty to enquire whether a couple is married in community of property?

07 June 2018

My mother and father were married in community of property. They often joked by saying that they could get out... of any contract as long as only one of them signed because the law required that both of them must always sign. As a business owner, through the years I’ve always wondered whether this is correct and how careful a business needs to be when dealing with couples married in community of property?

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297
Article

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