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Marriage and Matrimonial Property
Community of property may seem simple, but it puts spouses at risk of shared debt, financial restrictions, and loss of independence. Learn why from VDM Attorneys.
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Learn if you can exclude assets in a community of property marriage. Discover how antenuptial contracts, wills, or trusts protect family assets in South Africa.
What happens if you die without a will in South Africa? Learn how intestate succession affects your spouse, children, and blended family.
A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband’s second customary marriage invalid on the grounds that he had not obtained her consent, as required by law.
The proposed legislation aims to introduce changes to several existing laws that govern divorce in South Africa, starting with key revisions to the Divorce Act of 1979. These amendments are designed to align with updates made to the Mediation in Certain Divorce Matters Act of 1987, particularly in addressing how financial redistribution is handled after a decree of divorce.
An antenuptial contract is a legal agreement signed by two people before they get married. In South Africa, it serves to change the default legal consequences that would otherwise apply to their marriage under the Marriage Act and Matrimonial Property Act.
Many couples are unaware that the Matrimonial Property Act imposes strict conditions on transactions like suretyships. While spouses generally enjoy equal powers to manage the estate, certain acts—especially those that involve binding the estate to another party’s debts—require formal consent.
Without official registration, a customary marriage may be difficult to prove in legal matters. This becomes especially important in cases of inheritance disputes, divorce, or financial claims, where a spouse may need to show legal proof of marriage to secure their rights.
Before assuming that customary traditions alone dictate property ownership, it’s important to know how South African law actually governs these marriages—and what steps can be taken to safeguard your rights.
For generations, customary marriages have been central to family traditions and community structures in South Africa. But while these unions hold deep cultural and historical significance, they also carry real legal consequences—ones that many couples don’t fully understand until it’s too late.
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