Bradley Millar

Postnuptial Contracts

Did you know that if prospective spouses do not execute their antenuptial contract before their marriage, they are automatically considered to be married in community of property. Similarly, if prospective spouses execute an antenuptial contract, get married, and later find out that the antenuptial contract was not registered within the 3-month period required by law, …

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Cancelling a Notarial Tie Agreement

A Notarial Tie Agreement can be cancelled by entering into a bilateral Notarial Deed of Cancellation between all the parties (the Owners and the Enforcer) to the Notarial Tie Agreement, in terms of which the parties agree to the cancellation of the Notarial Tie Agreement. Alternatively, a Notarial Tie Agreement can be cancelled by the …

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Redistribution discretion now available to marriages out of community of property with the exclusion of the accrual system

Redistribution discretion now available to marriages out of community of property with the exclusion of the accrual system entered into after the commencement of the Matrimonial Property Act 1 November 1984 Matrimonial Regimes Two main matrimonial property regimes existed in South Africa prior to the commencement of the Matrimonial Property Act 88 of 1984 (“the …

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Application for Interim relief in divorce matters, including a Muslim “divorce”

Rule 43 of the Uniform Rules as well as Rule 58 of the Magistrates Court Rules are mechanisms which provides for a spouse in divorce proceedings with the opportunity to approach the court for an order granting interim relief pending the conclusion of their divorce. Rule 43 is applicable in the following instances: The applicant …

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Section 18(3) Sale of Immovable Property from a Deceased Estate

Section 18(3) of the Administration of Estates Act, 66 of 1965, permits the Master to appoint a representative to administer an estate where the value of the estate is below R250,000.00 (Two hundred and Fifty Thousand Rand).  In other instances where the value of an estate is above such value it is necessary for an Executor to be appointed. An Executor …

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Accruals and trusts

Be careful when transferring assets to a trust when married out of community with the accrual. The right to claim accrual is provided for in section 3 of the Matrimonial Property Act 88 of 1984. This section provides in short that  at the dissolution of a marriage subject to the accrual system, the spouse whose …

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Divorce Law in South Africa

Zakiyyah Williams Divorce is a legal process that marks the dissolution of a marriage, and in South Africa, it is governed by the Divorce Act of 1979. The Act outlines the procedures and principles that must be followed when seeking a divorce within the country. In South Africa, there are two main types of divorce: …

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