Found inside – Page 141South Africa and the United States Mark S. Kende ... To all intents and purposes they live as a couple married in community of property; immovable property ... Found inside – Page 147We have seen that in many African countries measures to redistribute wealth ... that a marriage will be successful and compel a couple to be happily married ... Found inside – Page 6... later in Australia , Africa , and Latin America ; and later still in Asia . Some of those international joint ventures were arranged between competing ... Found inside – Page 29the RCMA reflects an attempt to assimilate customary marriages into the civil ... South Africa: The reform of the customary law of marriage and succession', ... Found inside – Page 18This made the husband the legal guardian of his wife , allowing him , inter alia , to exercise sole control over their joint estate . ... In the eyes of the law it was the husband who had the right to decide on the place of domicile of a married couple . Found inside – Page 247Most marriages are undertaken in community of property . ... a wife the same powers as her husband regarding the disposal of assets of their joint estate . Found inside – Page 627Customary marriage / s and domestic partnership / s The proprietary consequences of customary marriages entered into ... partners is married in community of property , the court will have to divide the joint estate of the marriage and thereafter ... Found inside – Page 262legal position of customary marriages by the South African Law Reform ... system applicable to the existing marriage , and effect a division of the joint ... Found inside – Page 34chapter 2 Contractual capacity regarding married persons In South Africa , people ... If the joint estate becomes insolvent , both husband and wife will be ... Found inside – Page 18Disadvantages of community of property Your spouse will be entitled to a half share of ... If a couple decides to get married out of community of property, ... Found inside – Page 17The concessions have lifted the burden on married women and effectively abandoned joint taxation . This was ... The married couple will now pay R2 732 less than before , and R2 145 less than if they were unmarried . Similarly , if the ... Found inside – Page 54Generally the filing of a joint return will result in the saving of tax for the married couple because of the tax rates applicable to ... South Africa is a country which , through the influence of its connection with Roman - Dutch law , has a community ... Found inside – Page 51The joint family included the male head , his wife , unmarried children , unmarried brothers and sisters , young married brothers , married sons and brothers , and married sons with their wives and children – it varies from a couple of individuals to over a hundred . With the patriarchal joint ... Everything used to be inherited by the eldest son — now wills include sons and daughters . Brothers who are ... Found inside – Page 91In addition to recognizing customary marriage, the South African government has ... and make oral agreements unassisted, which will bind the joint estate. Found insideSARS will follow you to the grave. ... regimes that are affected by the following three laws: the Marriage Act, the Recognition of Customary Marriages Act, ... Found inside – Page 240This means that all assets and liabilities are pooled in a joint estate , and both spouses share in those assets and liabilities . ... It will operate automatically in marriages out of community concluded after the relevant dates , unless specifically ... Found inside – Page 43Until recently , more than half of white South African marriages were under community of property , which relegated the ... It provided for the abolition of the marital power and provided for the joint administration of joint property in marriages in ... Found inside – Page 122There is no provision for recognition of foreign embassy or consular marriages in South Africa in terms of the Marriage Act 25 of 1961 . Accordingly a marriage a solemnised by a vice - consul at a consulate in South Africa is invalid . C Ball M ... Found inside – Page 264Customary marriages are not recognised by the state. The legal minimum age for marriage in South Africa ... Found inside – Page 27Decisions of the Supreme Court of South Africa (Orange Free State Provincial Division). ... case that strong probability which subsisted in the previous cases that testators leaving their joint property to “ their children ” would intend to benefit the children of both of them by all marriages . The present case must therefore be decided in the light of such indications of intention as can be gathered from the will . Found inside – Page 75In 1993 , marital power was abolished in terms of the law in South Africa , with retrospective effect . ... A marriage will automatically be in community of property , unless the parties enter into a properly executed and registered ... will apply to a customary marriage entered into after 15 November 2000 in terms of the Recognition of Customary Marriages Act ... Administration of the joint estate : Each spouse has the capacity to incur certain rights and obligations but must get the other's ... Found inside – Page 46How married : If ( a ) in community of property , a copy of the marriage ... have only one joint estate and the Deeds Office regulations will require that ... Found insidecountries which opened marriage to samesex couples whereas, ... Joint adoption is also legal all the provinces of Canada, in South Africa and in some South ... Found inside – Page 34Ensure the joint administration of marital property, particularly as ... can also generally be used to provide couples with greater choice, as appropriate, ... Found inside – Page 2977Testator and testatrix left a to hold his share in trust and to pay to him joint will by which they settled all their pro- the ... -By her will the testatrix bequeathed her ( 1937 ) C.P.D. 312 . estate to all the children of R. and S. , a married couple , and to ... Found inside – Page 49Marriage in community of property If a couple marries in South Africa ... and get married in a hurry , and you do not sign any contracts , then you will be ... Found inside – Page 563... 214 , 409 mortgagee , of , 235 under will , 255 under will , joint will , 297 RECEIPT , 355 RECTIFICATION OF CONTRACT ... 187 formalities of , 184 human beings , of , 187 land of , 182 rights in , of , 182 leases , of , 165 , 214 , 409 marriages ... Found inside – Page 184If you are married , provide for the possibility that you may die simultaneously ( e.g. in a car accident ) . It is possible for a married couple to make a joint will – one document containing both the wills of the husband and the wife . If you want to ... Found insideThe first scholarship will go to the 34respondents who criticized couples living together without year - old South African refugee Mabutho Msimang . being ... Found inside – Page 129Holds only for unused portion of the married couple's allowance . ... Nigeria , and South Africa use individual filing , while Kenya uses joint filing . Found inside – Page 2-49South Africa. 16 How real rights shall be transferred ( c ) where the person concerned is married in community of Save as ... have formed part necessary in respect of the conveyance of real rights acquired of the joint estate could be transferred or ... is registered in the name of a person , that right the Recognition of Customary Marriages Act , 1998 ( Act shall , subject ... a provision which will be put into order and without the necessity for a written application , operation by proclamation . Found inside – Page 29If rates have been paid in advance, the buyer will have to reimburse the ... cent of the borrower's income (or the joint income of a married couple). Found insideIt is possible for a married couple to make a joint will – one document containing both the wills of the husband and the wife. If you want to bequeath an ... Found inside – Page 124... foreign same - sex partners of permanent South African residents should be ... to married couples , thereby denying same - sex couples joint custody and ... Found insideThe position is different in de facto polygynous customary marriages. ... of the Republic of South Africa,1094 this entails that the spouses have joint and ... Found inside – Page 133Generally the filing of a joint return will result in the saving of tax for the married couple because of the tax rates applicable to ... South Africa is a country which , through the influence of its connection with Roman - Dutch law , has a community ... Found inside – Page 121SOUTH AFRICA PARLIAMENT TO DEBATE BILL ON HOMELANDS ' AUTHORITY Johannesburg ... Immorality and Mixed Marriages Acts and other discriminatory legislation . Found inside – Page 40We have already discussed the joint family through which more than one nuclear family constitute a household . Traditionally , Indian marriages were ... Found inside – Page 43Only 4 SADC countries require all forms of marriages to be registered Child ... in the case of South Africa, a judge to allow the marriage of a minor. Found inside – Page 10Viewpoint Reform in South Africa : The scoresheet Critics within and outside South Africa have consistently labelled ... Each local authority in a particular region will choose its own representatives to the multiracial RSC , which will be responsible for joint decision ... sex a punishable offence and the abolition of the Prohibition of Mixed Marriages Act of 1949 that prohibited marriage across the colour line . Found inside – Page 2703South Africa. Parliament. legislation are reasons why it is undesirable to pass the Bill as it is worded at present . ... if the Bill were passed as it was originally worded will follow in any case as regards the Bill which is before the House now . ... After lots of argument and attempting to get the suggestions of the Law Commission accepted in the joint committee , we did ... and had they not been a married couple , the man could have been found guilty of rape and a suitable penalty imposed . Found inside – Page 293estoppelasset alienated without consent 123 evidence of marriage - foreign marriages 37 in action for divorce 37n presumptions 37 ... 211 fecundatio ab extra 47 fideicommissary property - excluded from joint estate 78 ( c ) part of marriage settlement iso foreign marriages ... marriage 22 historically 19 ignorance of , marriage rendered putative 41 incapacity of will 20 marriage officer ' s duty regarding 34 ... Found inside – Page 203SKWEYIYA AJ 2003 ( 2 ) SA 198 CC adopt the siblings jointly . ... Section 17 ( a ) specifically allows for the joint adoption of children by married couples . ... See in this regard s 2 of the Recognition of Customary Marriages Act 120 of 1998 which provides that for all purposes a duly contracted customary marriage will be ... Found inside – Page 33Section 3.2 describes the different types of marriages in South Africa and ... civil marriages by which men and women shared their joint marital property ... Found inside – Page 2839 This means that marriages according to Muslim or Hindu rites or African ... 40 In Roman - Dutch law , which governs South Africa's civil marriage system ... Found inside – Page 21Immovable property was registered in their joint names, their wills ... right to adopt jointly to married couples and did not contemplate that same sex life ... Found inside – Page 230NATIVE MARRIAGES The various provinces have pre - Union legislation dealing with the registration and consequences of ... not recognised in our law , nor are foreign polygamous marriages recognised as valid in South Africa ( Seedat's Executors y . ... DEATH If the parties are married out of community then , except in the case of joint wills with adiation , the estate of the survivor is not affected . Found inside – Page 131He showed to much a division of the joint estate , he cannot thereafter claim greater advantage at the trial at Hereford ... Opinions differ greatly regarding of property has contributed little or nothing to the joint his summing - up at the trial of Steenie Morrison . estate , she will only be ... Maasdorp , Institutes of South African Law ( 5th ed . , vol . i , principles , having regard ( 1 ) to marriages in community p . Husband regarding the disposal of assets of their joint estate be entitled to a half share of disposal assets! 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