Three types of marriages are recognised under South African law: civil marriages, customary marriages and civil unions.
The solemnisation and registration of these marriages are managed by the Department of Home Affairs.
Marriage is a contract which is easy to get into, but really not so easy to get out of when the couple chooses to make it difficult.
The court backlogs and inefficiencies in the legal system further exacerbate the delays, and add complexity to a process that can be simplified using mediation.
Ideally, at the time of contracting your marriage, you may contract a divorce settlement under a memorandum of understanding as well and add that to your contract. This should make divorcing much easier if the time comes.
The stats are escalating in favour of divorce, so why not have the understanding upfront, whilst you are still operating as a couple in love.
That way, decisions are made with love and not the ego. The memorandum of understanding is not necessary a legally binding document but when added to a contract, it can be used effectively.
Many couples go for pre-marital counselling. Having these questions asked and answered at the onset of marriage will assist you to handle a lot of the conflict in your marriage upfront. It is a very useful exercise!
Interested? Contact me, if you would like to craft an MOU for when you are marrying so that we can mediate the terms to add to your marriage contract!
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