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 marriage ends in divorce or one spouse faces insolvency, the communal property must be divided equally between both partners. This can lead to the unintended consequences of having to part with hard-earned assets, even those owned before the marriage.
In the absence of a marriage certificate, initiating divorce proceedings in a customary marriage may require a lobola letter. A lobola letter is a written acknowledgment by the families involved, confirming the marriage and outlining the terms of the lobola agreement.
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.
