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Another Constitutional challenge in family law

On 4 December 2023, the Pretoria High Court will determine whether Section 10(2) of the Recognition of Customary Marriages Act is unconstitutional and should be referred to the Constitutional Court. The Court invited Adams & Adams Attorneys, together with…

Provided By Adams & Adams

by Shani van Niekerk

Constitutional Court changes the Divorce Act

On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that the provision limits the operation of…

Provided By Adams & Adams

by Shani van Niekerk

How can a person living abroad enter into a South African marriage contract?

A client resides abroad, while her fiancé lives in South Africa. She inquired about the procedure for entering into an antenuptial contract. Introduction An antenuptial contract is...

Two essential legal documents: A will and an antenuptial contract

In a world of uncertainty, responsible planning for the future is a crucial task. Two indispensable legal documents that offer individuals and couples a sense...

antenuptial contract

Marital property regimes in South Africa

Introduction Marriage is not only a union of hearts but also a legal contract with significant implications. One critical aspect to consider is the choice of...

by Annelise Petzer

The divorce process in South Africa

The divorce process in South Africa can be a complex and lengthy legal procedure. However, with the right guidance and expertise, it can be a...

by Bregman Moodley Attorneys

ANCs, POAs, and the other acronyms of true love

Who needs an engagement ring when you have a Power of Attorney? Whether it is an ANC, POA, CA, your LWT, or yet another string of...

by Michael Visser

What is forfeiture of assets in a divorce?

In most divorces, either one of or both the parties feel wronged and aggrieved by either having to share their assets, or having any assets...

by Shani van Niekerk

Legal Masterclass: Navigating the minefield of divorce and estate planning

In this masterclass, we will unpack the implications of the Divorce Act and how antenuptial contracts and parental rights integrate. Who? Counsellors and couples seeking to explore...

by Kelly Barnett

What is the effect of a marriage contract after a customary and civil marriage?

In South Africa, African couples often have a dual marriage – they have a customary wedding ceremony followed later by a white wedding in front...

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