Practice area
Matrimonial Matters
Marriage is more than just saying ‘I do’.
Behind every wedding sits a legal contract, and the fine print matters more than most couples realise. The Marriage Act sets out how a marriage must be solemnised, who may marry, where, and by whom. Get the formalities wrong and a marriage can be a nullity. There are also alternatives: a customary marriage under the Recognition of Customary Marriages Act, or a civil union under the Civil Union Act.
The biggest decision, though, is your marital regime. In community of property, out of community, with or without accrual: the choice shapes your finances for the rest of the marriage, and it is far easier to get right before the wedding than to change afterwards. The regime also decides how your estate is wound up one day, which is why we often review a couple's wills at the same time.
Behind every wedding sits a contract, and its fine print outlasts the flowers. One honest conversation before the day can spare you years of untangling after it. Come and see us first.
How we can help
- Antenuptial agreements
- Consultations on marital regimes before the wedding
- Change of marital status
- Divorces
Come and see us before the big day. It is a short conversation that can save years of trouble.
Common questions
You are automatically married in community of property: one joint estate, sharing assets and debts alike. If you want anything else, the antenuptial contract must be signed before the wedding.
In community of property, both spouses share a single joint estate, including each other’s debts. Out of community of property, each spouse keeps their own estate. With the accrual system, growth built up during the marriage is shared if the marriage ends; without accrual, nothing is shared.
Yes, but it takes a High Court application, which is considerably slower and more expensive than signing an antenuptial contract before the wedding. Sorting it out beforehand is by far the better route.