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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to find out further details in regards ***** *****

Customer Question

I would like to find out further details in regards ***** ***** licenses in the UK.
We were married in South Africa in Jan 2007, both being on South African passports with UK residency. We were issued a South african marriage licence, but it has now come to our attention as we are both UK citizens that on divorce/death etc the law of our marriage certificate (ie South Africa) will be used inplace of the where we reside the UK... for inheritance tax etc..
Is it possible to transfer our South African marriage license to a UK licence or do we need to hold a marriage ceremony in the UK. I dont want this to create issues in years to come.
Hoping you can help!
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am a little uncertain what you actual concern is - are you worried about the implications of the "within/without Community of Property" provisions?
Clare
Customer: replied 1 year ago.

Please can you explain the below in layman terms: are you worried about the implications of the "within/without Community of Property" provisions?

Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Clare replied 1 year ago.
HI
My apologies for the delay
I am not sure what your question is about.
I had assumed that you were concerned because in South Africa you have to elect whether or not there is to be "community of property" within the marriage.
However it appears that this is not the case - could you please explain what is worrying you?
Clare
Customer: replied 1 year ago.

Clare this query is unfortunately not answerable by you. So will be cancelling my service. Kind regards

Expert:  Clare replied 1 year ago.
Hi Chatal.
The Uk fully recognises your South African marriage and accordingly there is no question of your having to replace your South African Certificate with a UK one - nor can you legally do so unless you first go through a divorce and then remarry each other - an unnecessary and pointless act.
However the fact that you were married in South Africa does NOT mean that South African law applies in the event of a divorce or death in the UK.
In the event of a divorce all the issues will be dealt with using UK law and if either of you die then it is Uk Inheritance law that will apply
Clare

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