Couples who conclude a civil marriage after a customary marriage under Section 10(1) of the RCMA cannot validly execute an antenuptial contract if it was not already signed and registered prior to their customary marriage.
In South Africa, many people are in illegal marriages because they separate from their customary spouse without obtaining a formal divorce. A customary marriage can only be dissolved by death or divorce.
A groundbreaking High Court ruling has set a powerful precedent in South Africa, awarding a Germiston woman R3.5 million in damages after intimate images were shared without her consent.
Maintenance defaulters will face stricter lending restrictions, limiting their ability to secure car loans and other forms of credit until arrears are settled.
Being married in community of property means that you and your husband are co-owners of each other’s assets, but also co-responsible for each other’s debts. If your husband's business goes into liquidation, creditors may have a claim against the joint estate.
Are you and your spouse worried about shared financial risks or debts in your marriage? Many couples in South Africa don’t realise the consequences of being married in community of property until it’s too late. Whether it’s to protect assets, start a business, or avoid financial pitfalls, changing your marital regime to out of community of property could safeguard your future.
A trustee in a family trust plays a crucial role in managing assets and ensuring beneficiaries' needs are met. The trustees have significant responsibilities, including safeguarding assets, distributing benefits, and complying with legal obligations. Choosing the right trustee is essential to the success of the trust.
When one party is attempting to hide assets, a liquidator’s expertise is invaluable. They have the skills and resources to trace concealed assets, including offshore accounts or undervalued property.
The Savings Pot and Retirement Pot are both subject to equal division under Section 7(7) of the Divorce Act, reducing the value of the Savings Pot through withdrawals could lead to disputes or the need for financial recalculations.
Life insurance policies often constitute a significant portion of the deceased's estate. These policies can be structured in various ways, but for the purposes of estate administration, it is essential to distinguish between policies that are payable directly to beneficiaries and those that are payable into the estate