Best Marriage Lawyers in Johannesburg

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P.C. MOGALE & CO.INC. ATTORNEYS

P.C. MOGALE & CO.INC. ATTORNEYS

Johannesburg, South Africa

Founded in 1999
English
P.C. Mogale & Co. Inc. is a black-owned law firm based in South Africa, recognized as a Level 3 BBBEE contributor. The firm offers a comprehensive range of legal services, including criminal and civil litigation, commercial law, municipal law, estate planning, and family law matters such as...
Christo Smith Attorneys Inc.

Christo Smith Attorneys Inc.

Johannesburg, South Africa

Founded in 1989
English
Christo Smith Attorneys Inc., based in South Africa, stands out for its comprehensive legal expertise, particularly in divorce law, estate planning, and family law. They are well-recognized for their nuanced understanding of the legal landscape, offering personalized solutions that address the...
Maree & Pace, Mpulo - Attorneys & Conveyancers

Maree & Pace, Mpulo - Attorneys & Conveyancers

Johannesburg, South Africa

English
A professional law firm offering expert legal services.
Walters & Stander Attorneys

Walters & Stander Attorneys

Johannesburg, South Africa

English
Walters & Stander Attorneys, located in Mbombela, South Africa, is a dynamic law firm led by two dedicated partners and a team of motivated staff. The firm offers a comprehensive range of legal services, including civil litigation, conveyancing, and alternative dispute resolution. Their litigation...

Angeléne Swart Attorneys

Johannesburg, South Africa

English
Angeléne Swart Attorneys, located in Port Elizabeth, Eastern Cape, is a distinguished law firm committed to delivering comprehensive legal services with integrity and professionalism. Founded by Angeléne Swart, an attorney and conveyancer admitted to the High Court of South Africa, the firm...
Bregman Moodley Attorneys Inc

Bregman Moodley Attorneys Inc

Johannesburg, South Africa

Founded in 1974
50 people in their team
Afrikaans
English
Bregman Moodley Attorneys Inc has been chosen as a winner of a 2019 International Advisory Experts Award in the categories Wills & Estate/Divorce Law services in South Africa.Clients want comfort, reassurance, and connection during the most stressful life events, like getting a divorce, the...
Hugh Raichlin Attorneys

Hugh Raichlin Attorneys

Johannesburg, South Africa

Founded in 1992
10 people in their team
Afrikaans
English
Hugh Raichlin Attorneys was established in 1992 and enjoys a sound reputation with colleagues and clients. The firm has been successful in a number of reported judgements which have contributed significantly to the development of South African Common Law. At Hugh Raichlin Attorneys, we pride...
BDK ATTORNEYS

BDK ATTORNEYS

Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON – NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
Hannelie Swart Attorneys

Hannelie Swart Attorneys

Johannesburg, South Africa

Founded in 2015
50 people in their team
Afrikaans
English
About UsLaw You Can UnderstandWe know that legal action can be overwhelming and leave you feeling apprehensive and confused. We can set your mind at ease and explain the process in language that is easy to understand.A Focus on ResultsIn order to be successful we need to craft a legal strategy that...
SWVG Inc

SWVG Inc

Johannesburg, South Africa

Founded in 2017
50 people in their team
Afrikaans
English
SWVG Inc.Swartz Weil Van Der Merwe Greenberg Inc. Attorneys was formed in August 2017, following the dissolution of Phillip Silver Swartz Inc.SWVG Inc. is a unique law firm offering a basket of legal services, with all of its professionals being passionate about the law, focused on what they do and...
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About Marriage Law in Johannesburg, South Africa

Marriage in Johannesburg, South Africa, is governed by a variety of laws that cater to diverse customs, religions, and preferences. The primary legislations include the Marriage Act of 1961, which regulates civil marriages, the Recognition of Customary Marriages Act of 1998 for customary marriages, and the Civil Union Act of 2006, which caters to civil partnerships, including same-sex unions. Each type of marriage has specific legal requirements and implications. Understanding these laws is crucial for both partners to ensure the union is recognized and legally binding.

Why You May Need a Lawyer

There are several instances where seeking legal assistance for marriage issues becomes essential. These situations include:

  • Advice on the legal requirements for marrying in South Africa, especially if you are foreign nationals.
  • Drafting or reviewing prenuptial agreements to safeguard assets.
  • Ensuring proper recognition of a customary marriage or civil union.
  • Guidance on the legal implications of marriage on property rights and inheritance.
  • Handling complex immigration matters if one partner is not a South African citizen.
  • Resolving disputes related to marital breakdown or divorce proceedings.

Local Laws Overview

The local marriage laws in Johannesburg are adapted to address the culturally diverse community. Key aspects include:

  • Marriage Act 1961: Governs all civil marriages, requiring a marriage license, and officiation by an authorized marriage officer.
  • Recognition of Customary Marriages Act 1998: Recognizes marriages conducted according to African customary law, specifying requirements for registration.
  • Civil Union Act 2006: Provides for the regulation of civil unions, conferring similar rights, responsibilities, and legal status to all couples.
  • Marital Property Regime: Couples must choose between in community of property, out of community of property with accrual, or out of community of property without accrual. This choice significantly affects property rights and financial obligations.

Frequently Asked Questions

What is the legal age for marriage in South Africa?

The legal age is 18. Marriage below 18 requires parental or guardian consent and, in some cases, consent from the Minister of Home Affairs.

What is the difference between a civil marriage and a customary marriage?

Civil marriages are legally recognized unions registered under the Marriage Act. Customary marriages are conducted under traditional customs and must be registered to be legally recognized.

Can foreigners legally marry in Johannesburg?

Yes, foreigners can marry in Johannesburg, but must meet specific residency and documentation requirements, including a letter of no impediment from their country of origin.

Is same-sex marriage legal in Johannesburg?

Yes, same-sex marriage is legal under the Civil Union Act, which allows same-sex couples to enter into a marriage or civil partnership.

Do we need a prenuptial agreement?

A prenuptial agreement is advisable for couples wishing to preserve individual assets, especially if marrying under out of community of property without accrual.

How do we register a customary marriage?

Couples should apply for registration within three months of the marriage, providing documentation of both parties' identity and the declaration by witnesses or family members.

What are the implications of in community of property?

In community of property means that assets and debts are shared equally between spouses unless otherwise agreed upon before marriage.

How can a marriage be dissolved in Johannesburg?

A marriage can be dissolved through a legal divorce process in the High Court or Regional Court, addressing asset division, custody, and support issues.

Are there penalties for not registering a marriage?

While not registering a customary marriage doesn't invalidate the marriage, it may lead to complications in enforcing rights related to inheritance and spousal benefits.

What documents are required for marriage in Johannesburg?

Documents commonly required include identity documents, birth certificates, parental consent for minors, and a letter of no impediment for foreigners.

Additional Resources

For further assistance and information related to marriage, consider the following resources:

  • Department of Home Affairs: For official guidance on marriage certificates and legal requirements.
  • Legal Aid South Africa: Offers affordable legal assistance and advice on matrimonial matters.
  • Family Law Clinics: Hosted by university law faculties, providing free advice on family and marriage-related legal issues.
  • Mediation Centers: For resolving disputes out of court, offering more amicable solutions.

Next Steps

If you believe legal assistance is necessary for your marriage-related issues, consider the following steps:

  • Consult with a licensed family law attorney who specializes in marriage law in Johannesburg to understand your rights and obligations.
  • Gather relevant documents related to your marriage situation, such as marriage certificates, ID documents, and any existing agreements.
  • Consider attending a mediation session if you and your partner are facing disputes but prefer to avoid court proceedings.
  • Reach out to community resources or legal aid organizations for additional support, especially if cost is a concern.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.