Our expert says:
Family law expert
The South African Marriage Act lays down all the rules regulating how a marriage should be solemnized, who may marry one another, where and how the wedding may be conducted, and by whom. If you fail to comply with the regulations set out in this Act, your marriage could be declared null and void.
The marriage officer must require you to supply the following documents:
1. Clear copies of your Identity Documents
2. Clear copies of Divorce Decrees (if applicable)
3. Clear copies of Death Certificates (if applicable)
The marriage officer will present you with your original Abridged marriage certificate immediately after the ceremony and the marriage officer will register your marriage with the Department of Home Affairs.
If the above was not done, then there is in effect no marriage. In order to divide the shares in the joint property you will have to either negotiate transfer of your share, alternatively issue summons to ask for a termination of the joint ownership.
Family Law Attorney
Abrahams and Gross Inc.
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