Our law determines that if you get married without having entered into an antenuptial agreement before the wedding, you are automatically married in community of property. Accordingly, the assets and liabilities of both spouses become part of their joint estate,
Read MoreTerminating an engagement amounts to a breach of promise. Claims for breach of promise originated in the common law, which recognised that an aggrieved party had a claim in both the law of contract and the law of delict. Previously,
Read MoreIn terms of the Births and Deaths Registrations Act, no person may assume or describe themselves under any surname other than that recorded in the population register or under which such person obtained permanent residence in South Africa. For practical
Read MoreAccording to South African law, both parents have a duty to support their child. This duty encompasses direct and indirect costs and includes educational and medical expenses, food, transport, clothing and accommodation. But how much must be contributed? The amount
Read MoreOn 5 January 2018 certain important amendments to the Maintenance Act became operational. These sections introduce stricter measures against maintenance defaulters. One of the amendments authorises the courts to direct electronic communications service providers, such as Vodacom, MTN, Cell C
Read MoreSometimes a client seeks annulment of a marriage rather than instituting divorce proceedings. When is this an appropriate choice? The Marriage Act of 1961 provides for annulment of marriages that are either void or voidable. Void marriages are those that
Read MoreOur common law provides that spouses have a reciprocal duty to support each other during their marriage, which includes financial support. This reciprocal duty ends when the marriage is terminated either by death or divorce. In the event of death,
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