KVV Inc. Attorneys

Can You Change Your Marital Regime After Marriage?

KVV Inc Attorneys

Published on: 05/03/2025

Can You Change Your Marital Regime After Marriage?

Family Law

It’s Wedding Season! Here’s Why You Need an ANC (Whether You Marry Here or Overseas

KVV Inc Attorneys

Published on: 05/03/2025

It’s Wedding Season! Here’s Why You Need an ANC (Whether You Marry Here or Overseas

Family Law

Buying a Property: Check the Seller’s Marital Status!

KVV Inc Attorneys

Published on: 04/03/2025

When buying property, verify the seller's marital status beyond their word. If they're married in community of property, their spouse's written consent is crucial for the sale's validity. Without it, the sale could be void, even if you acted in good faith. A recent court case highlighted the buyer's responsibility to make "reasonable enquiries" about marital status and consent. Don't just rely on assurances; investigate to protect your investment.

Family Law

Life Partners: Beware the “Common Law Marriage” Myth!

KVV Inc Attorneys

Published on: 04/03/2025

South African law doesn't recognize "common law marriage." Cohabitating couples have no automatic legal rights or duties like married couples. A "domestic partnership agreement" (cohabitation agreement) is crucial. It should detail financial arrangements during the relationship and upon separation or death, including asset division, maintenance, and liability allocation. Wills are equally vital, as intestacy laws don't protect surviving partners. Without these, you risk losing everything after a breakup or the death of your partner. While limited rights exist in some areas (e.g., child maintenance), relying on these is risky. A cohabitation agreement is the best way to safeguard your future.

Family Law

Beware the “Common Law Marriage” Myth

KVV Inc Attorneys

Published on: 04/03/2025

In South Africa, "common law marriage" is a myth. Living together, even for decades, doesn't grant the same rights as marriage or civil union. Upon separation or death, partners don't automatically inherit or have legal protections. Proving a "universal partnership" in court is difficult, requiring evidence of shared resources, joint benefit, profit motive, and a legitimate contract. A formal cohabitation agreement is crucial to protect both partners financially and legally.

Family Law