Read the latest legal news, updates and commentary from the offices of Simon Dippenaar & Associates.
What the Constitutional Court’s surname decision means for marriage in South Africa In Jordaan v Minister of Home Affairs (2025), the Constitutional Court ruled that South African law unfairly discriminated against men by preventing husbands from automatically adopting their wife’s surname. Parliament must amend the Births and Deaths Registration Act to allow equal surname choices […]
Whose duty is it to check consent has been given? When couples are married in community of property, which is still the most common matrimonial regime in South Africa, both spouses are equally responsible for the management of their joint estate. Therefore, certain transactions require consent from the other spouse and both parties need to […]
Hayi bo! Are we married or not? Most couples know if they are married. They have held a wedding and invited friends and family, often at great expense. Or they have taken two witnesses and visited their local Department of Home Affairs for a simple ceremony. There should be no uncertainty about the answer to […]
