Divorce isn't just about ending a marriage, it's about opening the door to a new chapter. And sometimes that comes with a price tag, but it's worth every penny.
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.
While registration of customary marriages with Home Affairs is encouraged to formalise the union and ensure legal recognition, the absence of registration does not negate the validity of the marriage.
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.
In the heart of South Africa's diverse legal landscape, divorce proceedings follow a unique path. Unlike the dramatic signature moments depicted in movies, there's no requirement for husbands and wives to ink divorce papers with flourish.