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Filter: Marriage
Understanding Estate Massing in Community of Property Marriages

05 July 2024

In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go... to specific beneficiaries. This is done while still ensuring the surviving spouse's welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate combining process.

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3530
Article
Can you change your marital regime after marriage?

03 August 2023,  Maritza du Preez

A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of... divorce or death. Changing the marital regime can provide parties with greater financial flexibility and protection. 

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1279
Article
Signing an antenuptial contract before getting married does not mean you are anticipating divorce

05 December 2022

Even though the current generation is more open to talking about virtually anything, there is still a tendency among people... to avoid talking about certain topics irrespective of their paramount importance. Signing a prenup, which is more appropriately referred to as an antenuptial contract, might be one of the taboo topics in some of our communities as it is often seen as an anticipation for divorce even before saying “I do”.

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1091
Article
Parenting Coordinators and their decision-making powers

02 November 2022

The practice which has evolved is that divorcing parties agree to the appointment of a parenting coordinator who is tasked... with mediating parenting disputes between the parties and if the mediation has not been successful, the parenting coordinator is empowered to make directives which are binding until set aside by the court. The TC v SC 2018 case-imposed limitations on the authority of the parenting coordinators pertaining to their decision-making.

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2763
Article
Do I have to pay maintenance to my spouse when we get a divorce?

03 March 2021

I am getting a divorce. Do I have to pay spousal maintenance? What are the factors that will be considered... by the court, and under which circumstances will the court grant an order to pay spousal maintenance? 

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1496
Article
May a marriage officer refuse to solemnise a same-sex civil union?

15 January 2021

My partner and I are a same-sex couple and want to get married at Home Affairs. Is the marriage officer... permitted to refuse to marry us based on his or her personal conscience, religion and/or belief about our relationship?This article explores the repeal of section 6 of the Civil Union Act 17 of 2006, which provides that a marriage officer may object to solemnising a civil union between persons of the same sex on the grounds of conscience, religion and belief.

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797
Article

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