Upon divorce, the joint estate in a polygamous marriage must be divided equitably among all spouses involved. This can be a complex process, as it requires assessing the contributions and needs of each spouse.
By taking these proactive steps, you can secure your legacy, provide for your family's future, and find peace of mind knowing that your affairs are in order.
If the man passes away and is survived by his legal spouse and the "other woman," the "other woman" may have a claim for maintenance if she can prove that she was receiving or entitled to receive maintenance from the deceased during his lifetime.
Both options have distinct advantages, and understanding their benefits is crucial in making an informed decision that aligns with your specific needs and objectives.
Extra-marital children have an equal claim to the deceased's estate alongside children born within the marriage. This recognition ensures fairness and prevents any discrimination against children based on the marital status of their parents.
The agreement offers a practical solution to safeguard the interests of both partners, as well as their assets and finances, in the event of a separation or dispute.
If mediation and negotiation fail to yield a resolution, the interested parties can resort to legal recourse by applying to the court. The court can be approached to request an order granting permission for the sale of the property, even without the consent of all heirs.
Intellectual property (IP) assets, such as patents, trademarks, copyrights, and trade secrets, can also be transferred into a family trust. This can provide protection against infringement, unauthorized use, or misappropriation of valuable IP assets.
Transferring a property into a family trust in South Africa involves several costs that need to be considered. These expenses are essential to understand as they play a significant role in the financial aspects of the transfer process.
