Family Law and Succession
Marriage
Civil marriages are solemnised under the Marriage Act 25 of 1961. Community of property is the default proprietary regime; the Married Persons Equality Act 1 of 1996 abolished marital power and improved the position of wives. Customary marriages are recognised under customary law. Antenuptial contracts must be notarially executed and registered within the statutory period.
Divorce and children
The High Court has divorce jurisdiction. Grounds include irretrievable breakdown, adultery and malicious desertion. Maintenance is governed by the Maintenance Act 9 of 2003, and a maintenance court can order support. Custody and guardianship are decided on the best interests of the child, reinforced by Article 15 of the Constitution and the Child Care and Protection Act 3 of 2015.
Succession
Testate succession is governed by the Wills Act 7 of 1953: the will must be signed by the testator at the end and by two competent witnesses present at the same time. Intestate succession follows the Intestate Succession Ordinance 12 of 1946. Customary succession applies where the deceased lived under customary law, subject to the Constitution.
Worked example
A testator signs a will, then the two witnesses sign before he does. The will is invalid because the testator must sign first or acknowledge his signature in the presence of both witnesses, who must then sign. The estate devolves intestate. The reasoning turns on strict compliance; courts do not cure defective execution.
Traps
Forgetting the antenuptial contract registration period; conflating divorce with maintenance; and assuming customary marriages carry no proprietary consequences.