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Matrimonial Law | The Legal Advice Office

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Matrimonial Law advice and legal services especially pertaining to marriage, ante nuptial contracts, divorce disputes and the entering of marriages in other countries and marriages to foreigners

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Trus fund 3

You don’t have to lose all control over assets in a trust

Firstly; let us have a look at Trusts

 The general nature of a discretionary trust is to exist separately from the donor, with the trustees owning and managing the trust assets to the benefit of the beneficiaries of the said trust (in their capacity as trustees acting in a fiduciary relationship).

The assets that have been donated or sold to the trust are legally owned separately from the donor and the trustees’ personal estate and accordingly do not form part of the personal estates of the donor or trustees. These assets are kept, owned and managed on behalf of the discretionary beneficiaries. These are the core principles which the majority of people who establish trusts, are familiar with. 

travellers marriage

A “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare! 

 As the world gets smaller and smaller and global movement increases, an “international wedding” becomes a much greater reality for many couples.

From the beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy.

These are all distinct possibilities if one can afford it.

This international marriage or “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare when questions regarding the matrimonial property regime of the parties are raised at the time of a divorce or the death of one of the parties to the marriage.

The question arises as to which legal regime governs the marriage: the country where they were married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain and legal nightmare.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2458
Email: info@legaladviceoffice.co.za