Best Marriage Lawyers in Johannesburg

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Hough Bremner Incorporated
Johannesburg, South Africa

English
Hough Bremner Incorporated is a distinguished law firm based in South Africa, renowned for its comprehensive legal services and commitment to excellence. The firm's team of seasoned attorneys brings a wealth of experience across various legal disciplines, ensuring clients receive informed and...
ME Saidell Attorneys Inc.
Johannesburg, South Africa

Founded in 2019
English
ME Saidell Attorneys Inc., established in June 2019, is a 100% black-owned law firm committed to delivering comprehensive legal services across various fields of law. Founded by Mr. Mzamo Emmanuel Saidell, who holds an LLB degree from the University of Zululand, the firm combines legal expertise...
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...
WDT Attorneys Inc
Johannesburg, South Africa

English
WDT Attorneys Inc, based in South Africa, is a distinguished law firm renowned for its comprehensive legal services across various practice areas. The firm's team of seasoned attorneys brings a wealth of experience and specialized knowledge, ensuring clients receive expert guidance tailored to...
Dube Attorneys Inc
Johannesburg, South Africa

English
Dube Attorneys Inc., based in Mbombela, Mpumalanga, offers a comprehensive range of legal services tailored to meet the diverse needs of its clientele. The firm's practice areas encompass criminal litigation, commercial litigation, civil litigation, labour law, administration of deceased estates,...
Snaid & Morris inc
Johannesburg, South Africa

Founded in 2021
4 people in their team
English
We are a specialist legal firm based in Morningside Sandton. Our areas of expertise cover UK emigration and investment law, Insolvency Law, Litigation, Family Law, Mergers and acquisitions, contract law and debt collection. We also has a specialized labor law department which handles all matters...
Johannesburg, South Africa

Founded in 2020
English
Robberts Attorneys, headquartered in Emalahleni, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of its clientele. The firm's areas of expertise encompass criminal law, bail applications, commercial and contractual law, company law, debt collection,...
Kgomo Attorneys Inc
Johannesburg, South Africa

English
Kgomo Attorneys Inc, located in Mahikeng, North West Province, offers a comprehensive range of legal services to both individuals and businesses. The firm's practice areas include civil litigation, matrimonial and divorce disputes, urgent applications, insolvency proceedings, and general commercial...
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...
Mudau M Attorneys
Johannesburg, South Africa

Founded in 2024
2 people in their team
English
Mudau M Attorneys - Professional Legal ServicesWho We AreAt Mudau M Attorneys, we pride ourselves on being a premier legal firm specializing in civil litigation across various fields of law and the administration of deceased estates. Our mission is to deliver reliable, well-founded, and tailor-made...
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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.