Marriage Archives - Ashersons Attorneys

07 Jun 2021

Can You Change Your Marital Regime After Marriage?

One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage. The different marital regimes Marry in community of property: This is the default in South Africa if you don’t sign an antenuptial contract (“ANC”) before you marry. All your assets and liabilities (with a few specific exceptions) are pooled in one joint estate. It’s probably not the best choice for most couples - you don’t for example want to be lumbered with a poor credit record (and a bank rejecting your bond application for…

01 Apr 2020

By Mame Amoateng

Beware the “Common Law Marriage” Myth

If you live as a couple, avoid the trap of believing the myth of the “common law marriage”. It’s a very persistent myth, possibly because some other countries do indeed give formal recognition to certain forms of life partnership. But not in South Africa - there is no such thing in our law as a “common law marriage”. No matter how long you have lived together, if you break up or when one of you dies, neither of you automatically has any of the rights and protections afforded to a couple in a marriage or civil union. Apart from the…

29 Jun 2018

By Ashersons Attorneys

Changing Your Surname – Your Choices on Marriage, Divorce and Widowhood

You cannot lawfully use any surname in South Africa other than the one shown in the National Population Register (NPR), and trying to do so will land you in a lot of hassle and probably in legal trouble as well. So tread carefully when it comes to any event in your life involving a possible name change. Don’t be caught out trying to decide at the altar! As a woman about to get married for example, you have to decide what surname you want to use after the marriage. There are many pros and cons to consider when deciding between…

30 May 2018

By Mame Amoateng

Life Partners: Beware the “Common Law Marriage” Myth!

One of the more pervasive myths in South Africa is that, if you live together for long enough as “life partners”, you have some form of legal protection because you are in a “common law marriage”. Not so! Our law has never recognised any such concept, and you could well be left high and dry when your partner dies or leaves you. The problem is that cohabitants have none of the general legal rights and duties to each other that apply to formal marriages and civil unions. The draft Domestic Partnerships Bill, which was published in 2008 and was supposed…

01 Dec 2017

By Ashersons Attorneys

It’s Wedding Season! Here’s Why You Need an ANC (Whether You Marry Here or Overseas)

The Rand’s weakness notwithstanding, many couples still plan their dream weddings overseas. Likewise, many couples living overseas come back to South Africa to marry. If you are one of them, ask your lawyer before you get married for advice on which country’s laws will apply to your marriage. Why get advice? In South Africa, our default marital regime is marriage “in community of property”, and for many couples that is the worst option. You may well be better off opting rather for the “out of community” option (with or without “accrual”). The point is to make an informed choice rather…

16 Nov 2016

By Mame Amoateng

South African’s three marital systems

In South Africa there are only 3 possible marital systems for couples who are getting married to chose from. They are: A marriage in community of property (this is the default system!) A marriage out of community of property with the exclusion of the Accrual system A marriage out of community of property with the inclusion of the accrual system The choice between the 3 marital systems is very important since it will govern how your assets and liabilities (debts) will be dealt with, not only between the two of you, but also between you and other people. A very important…

16 Oct 2015

By Ashersons Attorneys

Love knows no borders – or does it?

As anyone who has planned a wedding will tell you, "location" is one of the more important factors to consider. While it is tempting to look outside of South Africa’s borders for a setting that is perfect for your special day, one might be cautioned against letting the golden sunset blind you to what’s missing in the picture: an ante-nuptial contract. When romance is in the air, it’s easy to forget some of the more practical aspects of a marriage. Matrimonial property regimes play a vital role in all marriages, and it’s important to make sure that your union will be guided according…