In South Africa, either spouse can initiate divorce proceedings without the explicit consent of the other. This means that, unlike in some other countries, a reluctant partner cannot veto the divorce simply by refusing to sign papers.
The parties’ business interests are included as part of the joint estate for the purpose of divorce. Each spouse’s shareholding in the business is the relevant factor in the calculation of the joint estate.
A will serves other essential purposes beyond asset distribution. In South Africa, it can include vital instructions on handling one's remains and burial preferences. This is particularly crucial for those who wish to express their desires regarding funeral arrangements, memorial services, or even the choice of burial location.
Estate planning is a crucial step in securing your legacy and ensuring your wishes are honored. It provides peace of mind by safeguarding your assets, minimizing tax implications, facilitating a smooth transition of wealth to your loved ones.
less than half of the outstanding payments to beneficiaries have been disbursed, as reported by the Department of Justice and Constitutional Development. This delay poses a real threat to beneficiaries, hindering their ability to access the funds intended for their well-being.
A crucial takeaway from this legal conundrum is the reminder that only a court can dissolve a customary marriage, emphasizing the necessity of legal intervention in such complex matters.
The courts, in a series of groundbreaking judgments, have unequivocally established this principle. As a result, individuals may initiate divorce proceedings in customary marriages without the need for a formal marriage certificate. Instead, the legal journey begins with a humble yet powerful document - the lobola letters, if any.
The surviving spouse may approach Home Affairs for late registration of customary marriage, apply for appointment as executor. The spouse is entitled to 50% of the joint estate and R250 000 in child’s portion.
In simple terms, individuals who entered into marriages without the accrual system while married out of the community of property will now have the right to request a redistribution of assets, regardless of the terms outlined in their antenuptial contract.
