How the amendment to the Civil Union Act affects marriage officers

The Civil Union Act 17 of 2006 (“the Act”) was enacted to provide for the solemnisation of civil unions by way of either a marriage or civil partnership. The Act defines a “civil union” as the— “voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or …

Maintenance of surviving spouse

The idea of freedom of testation is a core value of South African law and enjoys wide protection. The Maintenance of Surviving Spouses Act, 27 of 1990, was drafted to give a spouse legal recourse if disinherited or negatively affected by the wishes of the testator, or in the case of intestate succession. The goal of this piece of legislation …

The rights of a domestic partnership

Domestic partnerships, also known as cohabitation relationships, are becoming more common in our modern day society, and it therefore becomes ever more important for parties to understand the different legal implications of being married and merely cohabiting. Parties to a domestic partnership do not enjoy the same legal protection as married couples upon termination of the partnership with regards to …

How to apply for spousal maintenance?

Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’. The duty to maintain is based on blood relationship, adoption, …

Unopposed and opposed divorce: What’s the difference?

My spouse said that he/she won’t ‘give me a divorce’. What can I do? Your spouse can oppose the divorce, but it is the Court that grants a divorce, not your spouse. If you convince the court that the marital relationship has irretrievably broken down, the court can grant a decree of divorce even if your spouse does not want …