Family Law is the body of legal rules pertaining to familial relationships.
The Matrimonial Property Act of 1984 makes provision for parties to choose between one of three forms of marriage to govern their union, two of which require the parties to enter into an ante-nuptial agreement to validate their choice. Should the parties wish to completely exclude community of property, and profit and loss; or to exclude community of property, and profit and loss, but to include a system of asset sharing upon dissolution of their marriage by death or divorce, they are required to sign a pre-nuptial agreement. South African customary unions.
An alternative to means to record the union and sharing of assets between parties is by entering into a Universal Partnership Agreements. This type of contract details the terms of how assets and liabilities should be dealt with upon the termination of a couple’s relationship.
Get in touch with us for a quick and cost-effective Antenuptial or universal partnership agreement.
An Antenuptial Contract isrequired in the following instances:
1. When parties to a marriage have decided to completely exclude Community of Property and Profit and Loss upon dissolution of their marriage by death or divorce.
2. When parties to a marriage have decided to exclude Community of Property and Profit and Loss, but to include a system of Asset Sharing upon dissolution of their marriage by death or divorce.
The Antenuptial Contract needs to be signed before the date of marriage and they detail the terms of how assets and liabilities should be dealt with upon the termination of a couple’s relationship.
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Settlement agreements are exchanged between the parties until a final draft is accepted and signed by both parties – only then is it made an order of court.
The cost of a divorce is very often directly related to the refusal of parties to compromise on issues that are of a lesser consequence, in order to reach a settlement.
In situations where one party is being obstructive, we would approach the court for an order for that party to contribute to the cost of the divorce in proportion to their level of obstruction of the proceedings.
Divorce law in South Africa has recently undergone radical changes in the fields of childcare, access to children, primary residence, and custody. At present,after the divorce, both parents have equal rights regarding their children and the decisions made relating to their children’s care.
More often than not, when consensus cannot be reached, the intervention of experts is necessary to determine the most suitable arrangement. A parental plan is then drafted and implemented to take into account the best interests of the children and wherever possible, it will seek to bring these in line with the common grounds of the parents.