ConCourt clarifies property rights when customary marriages become civil marriages
Antenuptial contracts signed after a customary marriage but before a civil ceremony are invalid without the section 21 process.
#customarymarriage
Being married isn’t enough to secure a death benefit
The Pension Funds Adjudicator draws a line between entitlement to a monthly spouse’s pension and the allocation of a lump-sum death benefit.
Adjudicator upholds R4.5m allocation after wife fails to prove financial dependency
The customary wife failed to substantiate her claims of financial dependency and was shown to be estranged from the deceased.
Courts will be able to override antenuptial contracts upon divorce
The General Laws (Family Matters) Amendment Bill will empower the courts to order fair asset transfers in marriages out of community of property without accrual.
Customary vs civil marriage: court rules they cannot co-exist
Judge dismisses claim both marriages are valid, sending dispute back for further evidence on the customary marriage’s existence.
Does ‘sitting on the mattress’ matter? Ombud rules on insurance policy dispute
The NFO decided that failing to follow customary mourning rituals did not prevent the recognition of a customary marriage, awarding the claim based on fairness.
