Some couples may not want to have a “traditional” marriage.
There are numerous legal agreements South African couples can enter into instead of the “traditional” marriage.Some may want to get married, but with adjustments to suit their needs. Others may want to live together without getting the government involved.
Out of community of property means that a partner’s assets that they had before the marriage remain theirs. Either party can enter this agreement without the other partner’s consent. Spouses can also specify assets that will not form part of the accrual before the conclusion of the marriage.Not every couple wants to get married, and some may wish to enter a Cohabitation Agreement.Visser noted that common law marriages do not exist in South Africa, no matter how long the parties have been in a relationship. Although new legislation has given protection to parties in a relationship such as this, it is still not perfect.
A third party must recognise the POA, meaning that the organisations involved may scrutinise or decline the agreement.
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