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 the contract on the 3rd of October 1993 in front of their attorney who had a Power of Attorney on their behalf to sign in front of a Notary, as […]
Part 1: Consequences of being married out of community of property including accrual
A marriage out of community of property is achieved by drawing up an antenuptial contract (ANC) prior to the parties marriage. One can either get married out of community of property INCLUDING the accrual or EXCLUDING the accrual. Section 4(1)(a) of the Matrimonial Property Act 88 of 1984 indicates that, the accrual of the estate […]
Interim maintenance applications
Rule 43 of the High Court and Rule 58 of the Magistrate’s Court provide interim measures to help an applicant quickly and with minimal legal costs. This maintenance is called interim relief and may be applied for by the spouse needing maintenance for themselves or any children born during the marriage. This rule applies only […]
The full accrual of an estate during a divorce
In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from Glacier Financial Solutions (Pty) Ltd, a member of the Sanlam Group, is […]