Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

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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