January 10, 2020
When exploring options as a long-termcouple, many wonder whether they should tie the knot legally, and what theadvantages and disadvantages of doing so are. Civil marriages are recognisedand fully protected by the law, as are the other valid marriages in SouthAfrica, namely customary marriagesand civil unions. In order to enjoythe benefits from a legally recognised marriage, couples should familiarisethemselves with the differentmarital regimes in South Africa, as well as the advantages anddisadvantages of civil marriage.
What is Civil Marriage?
A civil marriage is whereby the stategrants a couple legal recognition of their partnership in accordance to themarriage laws of the country. In South Africa, the MarriageAct 25 of 1961 governs the civil unions between spouses.
What Are the Advantages of Civil Marriage?
Civil marriage awards partners with legalbenefits that can only be enjoyed by couples who are bound by a legallyrecognised marriage. These benefits work to protect both parties throughouttheir marriage, and for cases of death or divorce. The legal benefits of a civil marriage include protecting one anotherwith:
Support – being married obligates you to a duty of support to one anotherdepending on each party’s needs.
Maintenance – spousal maintenance can be claimed when a spouse dies from thedeceased estate.
Inheritance – spouses can also benefit from the estate of the deceased, evenwhen maintenance is not required.
Termination – in cases of divorce, spouses are entitled to a portion of theproperty, depending on the marital regime.
What Are the Disadvantages of Civil Marriage?
The disadvantage of a civil marriage is thefact that it is not as easy to terminate. There is much more to it than endinga relationship of a couple who are not legally bound to one another. However,by taking the advice of professionaldivorce attorneys, one can legally separate with expert assistance thatwill work at getting it done both the easiest way, as well as the way whichwill be most beneficial to all parties involved. Other disadvantages usuallycome about when detailed marriagecontracts were not drawn up by professionals.
Gain all the legal benefits of a civilmarriage, and protect yourself from the disadvantages, by contacting Engelbrecht Attorneys,specialists in marriage and divorce law.
