Sister In Law South Africa

3 requirements need to be met in order to be married under customary law: 1. The prospective spouses must both be above the age of 18; 2. Must both consent to be married to each other under customary law (the act of the two families meeting indicates consent); 3. The marriage must be negotiated and entered into or celebrated in accordance with customary law (a small lunch between the families satisfies this requirement). Note: lobola does not have to have been paid in full; handover of the bride does not have to have taken place; exchange of gifts between families does not have to have taken place. What happens when one of the spouses pass away before the marriage is registered? Registering a customary marriage posthumously ensures legal recognition of the marriage, which is vital for matters like inheritance, and other legal rights that depend on marital status. The subsequent death of a spouse should not bar the registration of an already valid customary marriage. Posthumous registration of customary marriages is permissible and necessary for legal recognition, emphasizing the need to respect and protect customary practices within the legal framework. The registration process of a customary marriage where one spouse is deceased requires an application to be made to the High Court where the court will grant an order directing the Department of Home Affairs to: 1. Condone the late registration. 2. Register the marriage as valid. 3. Issue a marriage certificate within 30 days. 4. Pay the costs of the application Should you need to register a customary marriage between you and your deceased spouse for purposes of dealing with the deceased’s estate book your consultation by emailing advice@sisterinlaw.co.za

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It is important to have this contract drafted before the uncles start causing commotion at your (partner’s) father’s gate. Most of the current case law suggests that lobola does not have to have been paid in full and certain cultural practices may be waived in determining whether or not a customary marriage was concluded. Therefore, if you do not want to accidentally find yourself married in community of property it is advisable to have your contract drafted before lobola negotiations begin. To book your consultation email: advice@sisterinlaw.co.za

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[Host] Welcome to the Sister In Law South Africa community ❤️ For those of you who are new to this platform, I am Tebello Motshwane and I am the lady behind this page/platform. I am a South African attorney who specializes in family law, commercial law and intellectual property (specifically trademarks). I obtained my LLB degree at the University of Johannesburg whereafter I worked at two law firms, a mutual society and a bank. I started Sister In Law because I wanted to influence as many black women as possible to invest in educating themselves about legal issues and most importantly, to enable them to have access to the law. I continue to achieve this by packaging aspects of the law in a simple and easy to understand manner. I want women to know that the law exists to serve and protect them irrespective of their backgrounds and most importantly, I want to empower women so that we don’t make the mistakes made by our mothers, grandmothers and aunties. I am also particularly invested in mentoring female law students and creating an environment for them to learn, network and have access to professional and self development opportunities. This weekend we will be celebrating the 10th installment of the I am Lady Justice workshop and I am forever proud of how this platform has become a place for learning and healing. We have created a safe environment for women to share their stories in an attempt to create awareness of the various legal issues that exist in women’s lives and in turn so many women have been empowered to make well informed legal decisions. I cannot wait to engage with everyone on Saturday 🤩 Less than 5 tickets left, grab yours now on www.sisterinlaw.co.za Thank you to everyone for your continued support of this platform!

Section 21(1) of the Matrimonial Property Act allows for a married couple to jointly apply to the High Court for amendment of their existing matrimonial property regime - for example: to change their marriage from in community of property to out of community of property. The costs involved in changing your marriage regime are slightly higher than the costs of concluding a marriage contract before you get married mainly because of the court application that has to be made. This is going to be hot topic for a while because I am noticing the growing trend of couples considering divorce and remarrying, which more than anything amounts to perjury.

🇧🇼The I am Lady Justice workshop, in partnership with Ramalepa Attorneys is making a come back in Gaborone, Botswana 🤩 This workshop packages everything you have ever wanted to consult on regarding marriage (contracts); divorce; child maintenance; wills; estate planning; and some invaluable insights on employment law and cyber law for a fraction of the price you would pay for a consultation with an attorney. You do not want to miss this empowering yet fun filled workshop and of course the opportunity to meet new people! We have exceptional speakers lined up who are experts in their respective fields of practice. Start spreading the word and keep your eyes on this page for further details | nako@ramalepa.com

[MC/ moderator] our conversation strategist for the day is Adv Tumelo Loabile-Rantao She will help facilitate the conversations around marriage, divorce, child maintenance, wills and deceased estates, employment law and personal finance. If you have been following the platform for quite sometime you will recall that Tumelo was featured as a guest on the Sisters In Conversation podcast and has made significant other contributions to the growth of this platform. The workshop is taking place THIS Saturday in Polokwane so hurry and secure your seat now at R1,000 per ticket (normal price: R1,200). Visit www.sisterinlaw.co.za to get your ticket. Use coupon code “bestie” at checkout to claim 10% off when you purchase a ticket for you and your friend. Students get 20% off their tickets - use coupon code “student20”. See you soon!

Research conducted in the past five years by the Human Sciences Research Council and the South African Race Relations Institute found that 60% of SA children have absent fathers...that’s two-thirds. Furthermore, you are far more likely to be raised in a single-parent household if you are both Black and poor. Often estranged fathers are left to wander off with absolutely no responsibility as mothers struggle to raise their children and put them through school. The good news, there is no age limit on child maintenance and a child may represent themselves in their own maintenance claim against their estranged parent. As per the Maintenance Act, parents have a duty to support children who are unable to provide for themselves. The duty extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education. In a nutshell, if you are still in university and unable to provide for yourself you’re very well within your rights to obtain a maintenance order against either or both of your parents. A maintenance order carries the same weight as any judgement order and failure to adhere to the order can result in the respondent being held in contempt of court, alternatively the parent may face imprisonment or have their property attached in order to make good the maintenance order. I hope this saves a life! Child maintenance and other topics pertaining to marriage contracts, divorce, wills/ estate planning, employment law and financial planning will be covered at the upcoming workshop in Polokwane. Space is limited so secure your seat today on: https://lnkd.in/deviByQC