Who decides this „marital value“? It is a matter of negotiation between the tenants and the landlord. Both parties will use experienced rent estimates. Depending on the type of rental agreement you have and if your landlord is a private or social landlord, if the lease is in your ex-partner`s name and he or she is moving, you may be able to continue to pay the rent (to avoid arrears and the threat of eviction). With a divorce rate of about 40%, more and more people are thinking about alternatives to traditional marriage, including cohabitation. What about the idea of short-term marriages? Leasing marriage solves some of the problems associated with traditional marriage, but raises others. Despite the fact that so many marriages end in divorce, people still want to get married. The question of what marriage really is was at the forefront, as more and more states are making same-sex marriage legal. Many same-sex couples opt for marriage only for civil union, because husbands and wives have rights that people do not have in other types of partnerships. While the U.S. vs. Windsor has taken a big step to tackle this problem, it doesn`t even completely the playing field. „Anyone who has signed a legally binding marriage book or, as it is called in some states, post-uptial agreements, knows that the legality of the document is generally reviewed by the courts,“ she says.
„In other words, not all agreements that are supposed to be legally binding and developed and overseen by lawyers are all. Prenups are regularly overturned by the courts and found to be non-binding or unenforceable. As far as the South African marriage property regime is concerned, all marriages are co-ordized. This is not the case, among other things, if, prior to the marriage, there was no valid annulment contract without the community of ownership and the community of profits and losses. Why not borrow from real estate and create a matrimonial lease? Instead of a wedding, a „Wedlease.“ In the event that a lease agreement – specifically a notarized lease – is to be registered, it should not be concluded that the agreement of the other spouse is necessary. However, the Clerks of the Deeds Office issued a resolution 19/2018 of the Conference of Clerks, stating that no agreement was required under Section 15 of the Marriage Property Act before one of the spouses, married in the condominium, entered into a notarial lease. So why is there no effort to improve the legal structure of marriage when it is proving deficient? There is no law that says you and your spouse must sign a lease if you rent a house together. There is no law that requires her name, goes on the lease if she moves to a house you already rent. However, the law also gives certain rights to your landlord — and the owner has the right to insist that you sign both. Our company felt comfortable with pre-marriage and post-marriage contracts.
The marital lease would be similar, except that it evokes the reality that the marital relationship between two people often does not last a lifetime. Keeping your lease during the divorce is important. First, you are not responsible for the often excessive costs associated with breaking a lease.