Category Archives: Personal Agreements

AO will making guide blog

The Will-Making Guide

Our will is not always something we want to think about. However, it can mean the difference between calm and order at the time of our death or complete chaos. Constructing a will when you are of sound mind and able is extremely important. This will help ensure that your wishes are followed through and your possessions are distributed as you want them.

The thing about marriage contracts

Congratulations! The question has been asked and she said “Yes”. Someone’s getting married. So much to do and plan: book the wedding venue; choose the wedding dress; plan the procession, etc. etc. It’s all so exciting that you might forget the most important part i.e. that ever important marriage contract aka choosing the right matrimonial property regime. There are three matrimonial property regimes that are recognised in South Africa in terms of the common law and the Matrimonial Property Act, 1984. These are:

Remarriage and your Will

Ideally, there should not be any necessity for estate planning. In a congenial family atmosphere, surviving members would amicably divide everything equitably and set matters at rest.

In Utopia, maybe. But not in the real world.

In reality, the differences, dissentions, and squabbles often witnesses among the surviving members of the deceased’s family make estate planning an indispensable exercise. It acquires added significance in the case of a second (or third!) marriages.

Cohabitation / Life Partnership

In our modern times, many couples opt to live together as opposed to getting married. This type of relationship is often referred to as a domestic partnership, life partnership, cohabitation agreement, living together, or common-law marriage. Cohabitation relationships frequently exist between both heterosexual and same sex couples. In both instances the relationship involves the same central themes and reciprocal duties of support, but without having been solemnised as a legal marriage. Which means cohabitation does not attract the same level of protection that marriage does.

The Thing About Marriage Contracts

Congratulations! The question has been asked and you said “Yes”. Someone’s getting married. So much to do and plan: book the wedding venue; choose the wedding dress; plan the procession, etc. etc. It’s all so exciting that you might forget the most important part i.e. that ever important marriage contract aka choosing the right matrimonial property regime.