Question
When Mr and Mrs Govender were married without an antenuptial contract in 2015, they were completely ignorant about the consequences of their marriage in community
When Mr and Mrs Govender were married without an antenuptial contract in 2015, they were completely ignorant about the consequences of their marriage in community of property. Mr Govender now wants to start a risky business and is concerned that the new endeavour might prejudice Mrs Govender, who brought most of the assets of the joint estate into the marriage. Mrs Govender, who was previously married to a very rich man, also wants to ensure that her two daughters from her previous marriage benefit from the assets, which she inherited from their father upon his sudden death in 2014.
Is there anything that Mr and Mrs Govender can do to address their concerns? Fully explain with reference to legislation and case law. Restrict your discussion of case law to cases where the parties entered into a marriage in community of property.
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