Huwelike binne gemeenskap van goed en boedelbeplanning van swart boedels

Abstract

The focus of this study is to investigate the possible reason why black couples contract marriages in community of property although the dangers regarding the consequences of the possible insolvency of the parties' joint estate exist. The influence of social and cultural principles on the contracting of marriage$ of black couples is also investigated. To establish the above the differences between customary and civil marriages are discussed. It appears that the custom of ilobolo is still widely used by the majority of black couples and that most couples conclude double marriages (both customary and civil marriage) possibly to retain this custom. Institutions like ilobolo is closely linked to the conclusion of a marriage and form an important part of the cultural background of black people. Three consultations were held with couples in the Thabazimbi and Rustenburg district to establish their perceptions regarding the contracting of marriages and the delivery of ilobolo. It can be concluded that a marriage in community of property contain many characteristics of a customary marriage mainly due to the fact that both have one joint estate which has to be divided in the event of the dissolution of a marriage. This can be a possible reason why black couples choose to conclude marriages in community of property. Currently black people consider ilobolo as a symbolic process which is necessary to gain their ancestors' approval of a marriage. An empirical study held in 1997 is compared with the findings of the above-mentioned consultations. It seems that the perceptions regarding ilobolo and the contracting of marriages still persists and mainly remained the same. There can be concluded that black people should be educated about the negative consequences regarding customary marriages as well as marriages in community of property. This will not be a speedy process, but must be performed to emphasise the advantages of __ a marriage out of community of property for estate planning. Different possibilities regarding estate planning are also investigated and there is concluded that a will should include instruments like trusts and close corporations to prevent negative consequences of insolvency on an estate.