Divorce: Remember to review your will!
“It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.” (Extract from judgment below) Most people when making wills and estate plans will lean […]
It’s wedding season – three questions to ask before you marry
“Marriage is a matter of more worth / Than to be dealt in by attorneyship” (Shakespeare) Wedding Season is well and truly upon us, and if you (or anyone near and dear to you) is busy planning for marriage (note that we are talking “civil marriage” here, “customary marriages” and “civil unions” are beyond the […]
Who gets the house on divorce?
“I am a marvelous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For those unfortunate couples whose marriages do eventually fall apart, often the […]
About to marry? Don’t forget your ANC and the 3 types of marriage
“And she’s got brains enough for two, which is the exact quantity the girl who marries you will need” (P.G. Wodehouse) Wedding Season being once again well and truly upon us, the chances are high that even if you yourself aren’t contemplating marriage you know of someone who is. If so, please think of forwarding […]
Changing your surname – Your choices on marriage, divorce and widowhood
“What’s in a name? That which we call a rose By any other name would smell as sweet” (Shakespeare) You cannot lawfully use any surname in South Africa other than the one shown in the National Population Register (NPR), and trying to do so will land you in a lot of hassle and probably in legal […]
It’s wedding season! Here’s why you need an ANC (Whether you marry here or overseas)
“He was a dreamer, a thinker, a speculative philosopher… or, as his wife would have it, an idiot” (Douglas Adams) Note: Although by way of example we explore below the “international wedding” scenario, even if you are South Africans marrying in South Africa you need an ANC. Read on… The Rand’s weakness notwithstanding, many couples […]
ANTENUPTIAL CONTRACTS: CAN I GET ONE AFTER MARRIAGE?
Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]
TROU JY BINNEKORT? OORWEEG DIE REGSGEVOLGE
Maak staat op die raad van die man wat twyfel of dit reg is: die man wat nie twyfel nie, het die saak maar van een kant af beskou. C.J. Langenhoven (Waardes en Waagmoed) Met die bruilofseisoen in volle swang, moet jy sorg dat jy tydig regsadvies inwin oor die drie huweliksgoederebedelings wat in Suid-Afrika […]
GETTING MARRIED? DON’T FORGET THE LEGAL CONSEQUENCES
“A good wife always forgives her husband when she’s wrong” (Rodney Dangerfield) With Wedding Season in full swing, here’s a timely reminder – take legal advice on choosing one of the three “marital regimes” available to you in our law before you actually tie the knot. That’s important because if you don’t specify otherwise in […]
ONDERHOUD NA ‘N EGSKEIDING: KAN JY UITKONTRAKTEER?
“The concept of chivalry is beyond his comprehension and lies dead and buried in his mind, if it ever existed.” (Kritiese opmerking oor die deurlopende gedrag van die man in die regter se uitspraak hieronder.) Dit staan mense in die algemeen vry om wettige ooreenkomste met mekaar te sluit en ons regstelsel sal dit eerbiedig […]