Customary Marriages

No such thing as common-law marriage

There is a common misperception of the term “common law marriage” in South Africa. The term is also known as cohabitation, domestic partnership or a life partnership and is defined as a heterosexual or same –sex couple who are not legally married but live together and share an emotional, physical and financial relationship.

Due to the nature of the relationship many regard it as equivalent to a legally recognized marriage, however this is incorrect.

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Posted by Jacques Haynes on Wednesday, February 27, 2019 Views: 3716

Till death do us part – the effect your marriage regime has on estate planning

When couples decide to get married, they are usually not thinking about death and what might happen once one of them sadly passes away. However, in reality choosing a marriage regime is very important for estate planning. Here’s what you need to know when considering the effect your marriage regime might have on estate planning.

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Posted by Jacques Haynes on Thursday, January 31, 2019 Views: 3985

Customary Marriages and Community of Property

Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. A marriage that is valid in terms of customary law and was in existence at the time of commencement of the Act, is for all purposes recognised as a marriage in terms of the Act. 

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Posted by Jacques Haynes on Friday, May 5, 2017 Views: 5372