Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | All the frill’s don’t make it a marriage

Botha v Steyn (13326/2014) [2021] ZAKZDHC 23 (2 August 2021)

A and B, both South African citizens, got married in a splendid ceremony hosted at a hotel in London, or so A thought. The ceremony could not constitute a valid marriage because the UK marriage laws were not complied with, a fact that the evidence suggests they were both aware of at the time. After the ceremony, they concluded a short interim agreement about financial affairs that will come into place once they concluded a valid marriage. A later approached the court for an order of divorce and implementation of the agreement, unsuccessfully, because if there was no valid marriage, divorce laws do not come into play.

Parties entering into marriages abroad must take note and obtain legal advice beforehand to make sure their intentions are realised.

Summary of the Judgment

The Judgment

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