| FAMILY LAW |
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| Marriage |
Domestic Partners |
Civil Unions |
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| Marriage |
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| Considering Marriage? |
| Ensure your future! |
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| There are mainly three matrimonial property systems: |
- In community of property
- Out of community of property with accrual
- Out of community of property without accrual
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| Steps to follow: |
- for in community of property to apply to your marriage you don’t have to enter into an antenuptial contract ‹anc›
- for out of community of property with or without accrual an anc must be drafted
- an anc must be drafted by an attorney and registered at the deeds office
- revise your will
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Not married?  |
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| Domestic Partners |
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| Unmarried and Living Together? |
| For a long time it has been a nightmare to advise parties on the best way to protect their rights in relationships where a couple is unmarried but lives together. If all the requirements were met, one could advise along the lines of a universal partnership. This is about to change drastically with the intended new Domestic Partnership legislation. |
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| The new Domestic Partnership Bill might affect you. It is basically a move by government to recognize and protect opposite–sex couples living together. |
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| It deals with children who are part of such relationships, maintenance, the duty of support such partners have towards one another, financial matters, household goods, work injury claims, partnership debt, succession, the ending of such a partnership, the property regime and many other aspects. |
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It allows for such partnerships to be registered. A person may only be registered in one such partnership at a time and married couples or spouses in a civil union may not register as such.  |
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| The
Civil Unions Act |
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| In terms of this act, partners
in a recognized civil union, have the same rights as married
couples. This means that one could be unmarried but yet
share an estate in community of property with ones unmarried civil
union partner. On the other hands parties may enter into a "out of
community of property" contract before formally entering a civil
union. |
+27 21 8527780 
PO Box 3346 Somerset West 7129
