Maboe Penelope Attorneys

19/03/2026

Celebrating my 3rd year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉

28/01/2026

゚viralシ

13/12/2025

11/09/2025

14/08/2025

One thing about me is that I will hook you up. I love sharing information.

14/08/2025

Know and protect your right

29/07/2025

Courts will be able to override antenuptial contracts upon divorce.

There are new divorce laws in South Africa that allow courts to redistribute assets more fairly in marriages out of community of property, even if the couple previously excluded accrual in their antenuptial contract. These changes, stemming from a 2023 Constitutional Court ruling and a subsequent General Laws Amendment Bill, aim to address situations where one spouse, particularly those who contributed non-financially, could be left with nothing after divorce or death. Typically where one spouse may have built up a business and accumulated property in their name, while the other gave up a career to raise children or supported the business informally.

Currently, this marital regime leaves some spouses with no legal claim to assets, despite their non-financial contributions to the marriage.
The Bill addresses two main scenarios:
Pre-1984 marriages. These older marriages took place before the accrual system was introduced.

The Bill confirms that the courts will be able to order asset transfers not only on divorce but also in the event of a spouse’s death.

Post-1984 marriages excluding accrual. In cases where couples opted out of accrual through their antenuptial contracts, courts will have the discretion to order asset redistribution if it is considered just and equitable. The proposed changes will give courts the power to transfer assets from one spouse to another at the time of divorce, provided the judge believes it is just and equitable.

Don't leave this decisions at the hands of judges. Rather make sure that you clearly set out what you want happen. Courts tends to drag on with swelling attorneys fees. Marriage out of community of property with accrual is the best way to go with.

17/07/2025

17/07/2025

People all over the world are choosing to live together without tying the knots. In South Africa, cohabitation has become more common over the past few years and the number of cohabitants increases by almost 100 per cent each year.

The law is always playing catch up but fortunately, the South African law on cohabitation will soon be rectified by the draft Domestic Partnerships Bill that was published in January 2008. Until the Bill is adopted into legislation, however, the status of cohabitants in South Africa will remain significantly different from spouses in a marriage and partners in a civil union.

If you are in this situation, protect your rights by signing a cohabitation agreement. Cohabitation agreement will cover you, regardless of gender.

Cohabitation, also referred to as a common law marriage, living together or a domestic partnership, is not recognized as a legal relationship by South African law.

Contrary to popular belief, the assumption that if you stay with your partner for a certain amount of time a common law marriage comes into existence whereby you will obtain certain benefits is incorrect.

09/07/2025

Lets talk about cohabitation, a.k.a "fat and sat", "mas'hlalisane"

This refers to couples living together without being legally married.

In South Africa, unlike a legal marriage, cohabitation (masihlalisane) doesn't automatically grant partners the same legal rights and responsibilities
as marriage.

Some legislation includes cohabitants in certain contexts such as the:

Domestic Violence Act, extends protection to cohabiting couples facing domestic violence,

Medical Schemes Act, defines a dependent to include a partner in a cohabitation relationship; and

Income Tax Act and Estate Duty Act treat cohabitants as spouses for tax purpose.

South African law generally doesn't regulate the rights and duties of cohabiting partners.

But did you know that you can have a cohabitation agreement to regulate the terms and condition of your union? Just like in a case of a prenup you can decide what gets to happen in your union.

A cohabitation agreement:
protects the interests of the cohabiting couples;
outlines their rights, responsibilities, and how assets will be divided in case of separation or death
clarifies financial responsibilities, property ownership, and other important aspects of the relationship, promoting transparency and reducing potential conflicts.

If you've been living together or considering moving in with your better half, lets consult and draft you a comprehensive cohabitation agreement that addresses your specific needs and circumstances.

DM/message 0832124924
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07/07/2025

Before you say “I Do” check which marriage regime is suitable for you.

I advise my clients to go with marriage out of community of property with accrual.

The idea is to work towards a win win situation not a win loose or loose loose because trust me, sharing a percentage of your accrued estate with a person you vowed to love until death do you part is worth it even in a divorce situation. This person was once your pearl of great price. What has changed?