Marriage

July 19, 2024

Understanding estate massing in community of property marriages

In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done […]
July 19, 2024

Registered antenuptial contracts vs agreements between spouses

The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries […]
February 16, 2023

An antenuptial contract does not imply anticipating divorce

Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the […]
August 15, 2022

New Legislation for Marriages on The Way

Being a person’s spouse could have varying tax consequences, particularly where they are married in community of property. Currently, for income tax purposes, you are deemed […]
October 11, 2021

CIVIL MARRIAGES UNDER THE BAA CONVERTED TO IN COMMUNITY OF PROPERTY

In the Edelstein judgment, which was handed down in 1952, the Appellate Division (as it then was) held that there is a rebuttable presumption that all […]
October 11, 2021

TRANSFER OF ASSETS BETWEEN SPOUSES: WHAT ARE THE TAX IMPLICATIONS?

Section 9HB of the Income Tax Act provides for a roll-over of a capital gain or loss when an asset is transferred between spouses during their lifetimes. […]
August 9, 2021

MAKE SURE YOUR ANTENUPTIAL CONTRACT IS VALID BEFORE GETTING MARRIED

John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed […]
January 8, 2019

CUSTOMARY MARRIAGES IN SOUTH AFRICA

In South Africa, there are various forms of marriage, which includes Civil Marriage, Customary Marriage and Civil Union. For a long time, customary unions (marriages) did […]
June 11, 2018

THE RIGHTS OF A DOMESTIC PARTNERSHIP

Domestic partnerships, also known as cohabitation relationships, are becoming more common in our modern day society, and it therefore becomes ever more important for parties to […]
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