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Filter: Marriage

What to do if my antenuptial contract is invalid?

16 May 2018

My wife and I were married on 3 March 2017. Before we entered into our marriage, we decided that it... was best for our matrimonial property regime to be governed as one of out of community of property with accrual. We then looked up a notary in the area and signed an antenuptial contract on the 14 February 2017. We never heard anything more from the notary. I am now seeking to buy a unit in an upcoming new scheme and the conveyancer dealing with the property is asking for my antenuptial contract to confirm my marital status as out of community of property. I have forwarded her my antenuptial contract. To my surprise, she claims that the antenuptial contract is invalid. How can this be, as I have signed before the date of my marriage in front of a notary public and had the intention of my marriage being one out of community of property?

1219

Article

Customary marriages and property transactions

16 May 2018

The question whether parties are married in or out of community property is critical for the correct execution of conveyancing... documents.

573

Article

When are you legally married?

13 October 2015

My husband and I got married 11 years ago. I now want to get divorced, but according to the Department... of Home Affairs we have never been married as they cannot find any marriage certificate. How is that possible? Did the minister not register it? What now?

1599

Article

Can you change your matrimonial property system?

08 September 2015

My husband and I were married in community of property many years ago. We now however feel that it would... be better for the management of our family and separate business interests if we were rather married out of community of property. Can we change our marriage system to out of community of property?

210

Article

The abuse of trusts in case of divorce: know your rights!

15 June 2015

Trusts are more and more being actively used for estate planning purposes, but the percentage of divorces are also increasing... annually. Protect yourself by being wary of the abuse of discretionary trusts in divorces and by analysing your position and acting as quickly as possible - before it is too late....

217

Article

Getting married in another country? Be wary of the fineprint!

07 May 2015

As the world gets smaller and smaller, an ‘international wedding’ becomes a greater reality for many couples - from the... beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy. This international marriage or ‘traveller’s marriage’ may seem romantic, but can quickly turn sour when questions regarding the matrimonial property regime of the parties are raised at divorce or death of a party. Which legal regime governs the marriage: the country where they where married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain!

148

Article