Family Law & Divorces - EEinc Attorneys

26/08/2026

19/08/2026

Please be aware: Cancelling your debt review does not automatically remove the
debt review flag from your credit profile. The debt review status will remain on
your credit record until a court order is obtained confirming that the debt review is no longer applicable in your name.
To clear your name/ remove the debt review flag, you will need to:

1. Consult with a Lawyer, who will act on your behalf and visit the nearest Magistrate’s Court;to Apply for a rescission order from the court confirming the cancellation;
2. Submit this court order to the credit bureaus to have the flag removed.

If in doubt, Contact us for Legal advise.
Mind Matters Law

09/07/2026

Planning your forever one? Don't forget the legal paperwork as well.
​Your Antenuptial Contract (ANC) must be signed before any marriage celebrations or Lobola negotiations begin. Once you are legally or customarily married, it is too late to enter into a Antenuptial contract.
​Get the right legal advice before taking the big step. Choose wisely.
​📞 Contact our legal team today to schedule a consultation.
Mind Matters Law

26/06/2026

Hi, wishing you a wonderful day and a blessed weekend ahead. Remember, God sees the prayers you have whispered and the battles you fought when no one else is watching. Don't give up just yet.
​Stay safe, look out for one another, and please don't drink and drive. If you ever need legal guidance, we are here for you. Contact us today for legal advice.
Mind Matters Law

26/05/2026

https://iol.co.za/news/crime-and-courts/2026-05-26-no-more-financial-shields-constitutional-court-hears-challenge-to-divorce-acts-pension-exclusion/

The Constitutional Court's upcoming decision on the Divorce Act's pension provisions could reshape financial settlements in divorce cases, challenging long-standing exclusions that affect countless couples.

22/05/2026

Have a blessed Friday and nice weekend ahead.

14/05/2026

https://www.facebook.com/share/p/18mHX17Avv/
Mind Matters Law

For estate agents who value certainty.

Work with attorneys who understand local processes.

Malelane | Komatipoort | Nelspruit
📞 013 790 0898 / 076 440 6039
✉️ [email protected]

12/05/2026

Registration of Customary Marriages

If you are married by customary law and have not registered the marriage in the 3 months following the marriage formalities (lobola), do so now to ensure legal compliance, to set the records right, and to simplify the future administration of the estate.

If a customary marriage is not registered in South Africa, it doesn't necessarily invalidate the marriage, but it can create legal complications. The Recognition of Customary Marriages Act requires registration within three months of marriage, but failing to register doesn't nullify the marriage.

Implications of Non-Registration:
- Property Rights and Inheritance: Unregistered customary marriages may lead to difficulties in asserting property rights or inheritance claims ¹.
- Social Benefits: Proof of marital status might be required for social benefits, which could be challenging without registration ¹.
- Legal Recognition: Unregistered marriages may not be immediately recognized by the legal system, affecting spousal support, child custody, and joint assets ¹.

Why Register a Customary Marriage?
Registration simplifies legal processes and ensures protection under the law. It provides a clear record, valuable for administrative and legal matters.

Proving a Customary Marriage:
To prove a customary marriage, couples can provide evidence like:
- Lobola Letter: Minutes of negotiations
- Photographic Evidence: Pictures or videos of the wedding celebration

Grounds for Divorce:
An unregistered customary marriage can only be dissolved through a court-ordered divorce or the death of a spouse. Grounds for divorce include:
- Irretrievable breakdown of the marriage
- Incompatibility as husband and wife
- Lack of meaningful communication
- No reasonable prospect of reconciliation

Antenuptial agreements (Marriages out of community of property):
- If you have not finalised the marriage consider signing an antenuptial agreement to be married out of property (either with or without the accrual). Consult with an attorney who is also admitted as a notary before the marriage.

Couples in unregistered customary marriages may need to seek legal advice to protect their rights and interests. Consult a lawyer.

[email protected]