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Filter: Marriage
Matrimonial property system

03 February 2021

Before you say, “I do”, ensure you understand the implications of the matrimonial property regime you choose.

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657
Article
A bird’s eyeview of antenuptial contracts: what you need to know before you say “I do”

07 October 2019

There is a definite misconception in society today that regulating the proprietary aspects of the dissolution of one’s marriage is... like “getting married with the intention of getting divorced.” Not only is this entirely untrue, an antenuptial contract does so much more than divide assets upon the dissolution of a marriage. This agreement dictates the proprietary operation of one’s marriage throughout its duration and ensures that parties have thought and are intentional about the financial aspect of their union.

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494
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? 

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349
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?

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365
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....

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457
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!

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347
Article

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