C&A Friedlander Attorneys

Postnuptial Contracts – married in but want to be married out?

Marriage is a bond that unites two individuals in love and commitment. During the marriage, however, it is essential to acknowledge the unpredictable nature of life and consider legal measures that can provide security in the event of death or divorce. Under South African law, parties will be deemed to be married in community of […]

Getting married abroad, here’s what you need to know

If you are planning to get married abroad – congratulations – but have you considered which laws will govern your intended union? The lex domicilii matrimonii – domicile of the husband In South Africa, the property rights of spouses are governed by the lex domicilii matrimonii or the law of the matrimonial domicile, which is […]

Notarial Practice – Seal the deal (literally) and make it official

You’ve finally asked your partner to marry you and the answer was “YES!” but have you done your research on the matrimonial property regimes in South Africa? There are three matrimonial regimes in South Africa which are governed by the Matrimonial Property Act 88 of 1984, namely: Marriage in community of property The “default” and […]

The antenuptial contract and the notary public in South Africa

Community of property is the primary matrimonial property system in South Africa.  It will be an automatic consequence of your marriage if you do not exclude it by way of an antenuptial agreement.  An antenuptial contract is an essential document that, under South African law, determines whether your marriage will exist in community of property or out […]