Co-habitation Agreements Life partners who are merely living together, do not have the same rights, as those life partners who are married. It is therefore recommended that life partners who are not married, enter into a cohabitation agreement. This will prevent expensive litigation about assets or other rights and duties, should the life partnership or the vat-en-sit arrangement, come to an end. A co-habitation agreement in South Africa is a ...
Antenuptial Contracts 101 An antenuptial contract, also referred to as a prenuptial contract, arranges the matrimonial property system of spouses. It regulates how property will be owned in the marriage because spouses can decide to own their estates separately or jointly. The antenuptial contract can however also be used for many different purposes and this include the provision of donations or even future gifts between spouses, estate planning, the creation ...
Separated spouses may claim maintenance Spouses who were separated at the time of the death of a spouse may also rely on the Maintenance of the Surviving Spouse Act 27 of 1990 (MSSA) in certain circumstances. Under the Act, a surviving spouse who was separated from the deceased spouse, but who is not legally divorced may be entitled to maintenance if: The deceased spouse was legally responsible for maintaining the ...
What is a living trust? A living trust, also known as an inter vivos trust, is a legal arrangement where a person (the "Founder/ Donor") transfers ownership of their assets to a trust during their lifetime. The trust is managed by trustees, who are appointed by the Founder, and the trust assets are held for the benefit of the beneficiaries that are named in the trust deed. The founder can ...
Can An Estranged Spouse Evict Another Spouse From The Marital Home? The process for evicting a spouse from a marital home during a divorce or separation can be complex and depends on the case's specific circumstances. If the marital home is owned jointly by both spouses, both must agree to the eviction of one of them, or a court order must be obtained. The court can order that one of ...
What Happens If A Spouse Refuses To Attend A Pre-Trial Conference For A Divorce? If the divorce is contested, the court will require the parties to attend a pre-trial conference in order to try to resolve any disputes and to identify the issues in dispute before the final trial. If a spouse refuses to attend a pre-trial conference for a divorce, the next legal proceeding is to apply to the ...