Maintenance Court

A special court dealing with matters relating to maintenance. Every Magistrate’s Court shall be a Maintenance Court.

Maintenance Officer - What is a maintenance officer?

A person appointed to assist with maintenance matters at court.

Mala Fide - What does mala fide mean?

With or in bad faith by being intentionally dishonest, by not fulfilling legal or contractual obligations or by misleading another person.

Marriage

A person in South Africa can get married in terms of a civil marriage, customary marriage, religious marriage, or a civil union.

MARRIAGE IN COMMUNITY OF PROPERTY

there is one estate between the spouses. Property and debts acquired prior to or during the marriage are shared equally in undivided shares (50%). Both spouses are jointly liable to creditors. This marital regime automatically comes into existence unless another regime is selected.

 

MARRIAGE IN COMMUNITY OF PROPERTY

there is one estate between spouses. Property and debts acquired prior to or during the marriage are shared equally in undivided shares (50%). Both spouses are jointly liable to creditors.

 

Marriage in Community of Property - What does marriage in community of property mean?

There is one estate between a husband and a wife. Property and debts acquired prior to or during the marriage are shared equally in undivided shares (50%). Both spouses are jointly liable to creditors. This marital regime automatically comes into existence unless another regime is selected.

MARRIAGE OFFICER

a person who is authorised to conclude a marriage between two persons, such as ministers of a religion or a person who is appointed as a marriage officer by the Minister of Home Affairs.

Marriage Officer - What is a marriage officer?

A person who is authorised to conclude a marriage between two persons, such as ministers of a religion or a person who is appointed as a marriage officer by the Minister of Home Affairs.

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL SYSTEM

this is identical to a “marriage out of community of property” but the accrual system will be applicable. The accrual system is a formula that is used to calculate how much the larger estate must pay the smaller estate once the marriage comes to an end through death or divorce. The accrual system automatically applies, unless excluded in an ante nuptial contract.

 

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITHOUT THE ACCRUAL SYSTEM

the spouses have their own estates which contain property and debts acquired prior to and during the marriage (“what is mine is mine and what is yours is yours”). Each spouse is separately liable to his/her creditors. Prior to the marriage, an ante nuptial contract must be entered into to indicate that the marriage will be out of community of property.

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITHOUT THE ACCRUAL SYSTEM

the spouses have their own estates which contain property and debts acquired prior to and during the marriage (“what is mine is mine and what is yours is yours”). Each spouse is separately liable to his/her creditors. Prior to the marriage, an ante nuptial contract must be entered into to indicate that the marriage will be out of community of property.

Mitigation

Factors given by the employee to convince the chairperson that s/he must not be dismissed, but be given some other sanction. Mitigating circumstances of the employee include his/her length in service; a clean disciplinary record (no previous warnings); whether or not the employee shows remorse; the employee’s personal circumstances, such as whether or not the employee is the sole breadwinner of his/her family; and so on.

MONOGAMOUS MARRIAGE

refers to a marriage where a man has one wife at a time.

 

Monogamous Marriage - What is a monogamous marriage?

Refers to a marriage where a man has one wife at a time.

Mortgage Bond - What is a mortgage bond?

Where immovable property acts as security for a bond agreement between the debtor and a financial institution, such as a bank.