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Category: Marriage Law

The Marriage Contract

Marcus MalanJanuary 12, 2017January 12, 2017

Since the commencement of the Matrimonial Property Act 88 on 1 November 1984, there have been three types of matrimonial systems available: 1. In Community of Property; 2. Out of Community of Property; 3. Out of Community of Property with Accrual. The general rule of the South Africa Common Law provides that a marriage concluded […]

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Marriage LawLeave a comment

Life Partnerships / Cohabitation in South Africa

Marcus MalanJanuary 12, 2017January 27, 2019

A life partnership refers to a couple living together outside marriage in a relationship which is similar to, or has most of the characteristics of a marriage. Various other terms are used to signify this relationship the most common being domestic partnership, cohabitation, living together, de facto marriage and common-law marriage. None of the legal […]

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Marriage Law

Change of Matrimonial Property System

Marcus MalanJanuary 12, 2017January 12, 2017

If spouses are already married, but married according to the undesired matrimonial property system, they may jointly apply to the High Court for leave to change the matrimonial property system which applies to their marriage. The matrimonial property system may be changed from any system to another. The requirements for such an application are as […]

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Marriage LawLeave a comment
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