Marriage, Civil Unions & Matrimonial Property

Marriage

A Marriage is a legal and binding relationship between two or more people. The Marriage Act 25 of 1961, regulates the registration and solemnisation of marriages between man and woman.

Civil Unions Act 17 of 2006 provides for two people of opposite gender or same-sex, to enter into either a marriage or civil partnership.

The Recognition of Customary Marriages Act 120 of 1998, provides for the registration of African customary law marriages that can consist of polygamous marriages in which a man can have more than one wife.

Civil Unions

A Civil union is a legal and binding relationship between two people and is regulated by The Civil Unions Act 17 of 2006.

The Act provides for two people, to enter into either a marriage or civil partnership. At Greyvensteins Incorporated we provide expertise in Civil Unions.

Matrimonial Property

In a Marriage of Civil Union the matrimonial property system can be  In Community of Property, Out of Community of Property without Accrual or Out of Community of Property with Accrual. 

Matrimonial Property, or 'matrimonial assets,' is property acquired by one or both married spouses prior to or during their marriage, and includes the matrimonial home or homes.

The law that deals with matrimonial property in South Africa is called the Matrimonial Property Act 88 of 1984.

Postnuptial Nightmares with Antenuptial Contracts

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An ante-nuptial contract (Also called a prenuptial contract) is concluded to ensure the security of the assets that the couple brings to the marriage. 

You can find yourself married in community of property without knowing about it.

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Posted by Amoré Kora on Saturday, April 22, 2017 Views: 475