Generally speaking, the formal validity of a marriage is determined by the law of the place where the marriage was solemnised (country that issued the marriage certificate); this is based on the common law doctrine of lex loci celebrationis. However, this does not imply that the law of the country where the marriage was solemnised, governs the legal and proprietary consequences thereof. Thus a certain degree of legal uncertainly exists where either (or both) of the parties to the marriage are not domiciled in the same country or when the marriage is solemnised in a place outside either (or both) spouses’ country of domicile.

Moreover, each country has its own internal regulations dealing with the recognition of marriages solemnised in or outside its borders, these should be observed by couples prior to marriage in South Africa.

Possible ways to address the legal uncertainty

1. Execution and registration of an antenuptial contract:

Marriage itself is essentially a contract entered into between spouses, regardless of whether or not an antenuptial contract is executed. Therefore, in terms of common law, specifically Roman – Dutch law, as in the case of other contracts, the intention of the contracting parties (consensus / the meeting of the minds) is the essential requirements for all legally valid and enforceable contracts.

Therefore, one may deduce that when a couple executes an antenuptial contract it embodies their intention and therefore, the execution thereof may serve as prima facie proof of the couple’s intention that South African law (in this case) applies to their marriage. This however, is not supported by legal precedent (to date).

Moreover, in terms of South African law, in the absence of the execution of a valid antenuptial contract, the couple is married in community of property and, the law of the place of the husband’s domicile prevails where the marriage is concluded in a territory outside the couple’s (one or both parties) domicile.

2. The law of the place of the husband’s domicile:

A person’s domicile is a particular territorial jurisdictional area or country where he / she intends to settle or is settled indefinitely. It is therefore a subjective determination based on the intention of the parties, something which is sometimes difficult to establish.

In terms of South African common law and the Domicile Act of 1992, where either or both parties are not domiciled in the same country or state or when the marriage is solemnised in a place where either or both spouses are not domiciled, the law of the place of the husband’s domicile, at time of the marriage, will govern the legal and proprietary consequences thereof.

Nevertheless, even though this theory is in our view outdated and in conflict with the principle of equality. Legal reform is therefore required. However, until its repeal the application of the theory of the husband’s domicile prevails to marriages solemnised in South Africa.

3. The Hague Convention of 1978:

The Hague convention concluded on 14 March 1978 (came into force and effect on 1 September 1992), proposal a unique and maybe ground – breaking solution to this problem.

Under the convention the legal system (to be applicable to the couple’s marriage), may be selected by the parties prior thereto and is based on:

1. “the law of the state to which either spouse is a national at the time of designation, or
2. the law of the state to which either spouse has habitual residence at the time of designation, or
3. the law of the first state where one of the spouses established a new habitual residence after marriage.”

However, according to this convention, if the spouses have not designated their marital property regime prior to marriage (by deduction – by means of entering into an antenuptial contract), the internal law of the state in which both spouses establish their first habitual residence after marriage will prevail.

The provisions of this convention may however, only be relied on in countries that are signatories thereto, namely: Austria, France, Luxembourg, Netherlands and Portugal. Therefore, like other international treaties and agreements, where South Africa is not a signatory, such agreement is the equivalent of a policy document which contents may be considered by a South African court of law, but it is not legally binding as in the case of the Constitution and / or any legislation.

Thus, the provisions of the common law, the Matrimonial Property Act 88 of 1984 (as amended) and related legislation, govern the legal and proprietary consequences of civil marriages in South Africa. Even though this convention provides couples with a great deal of flexibility in exercising their intention, the provisions hereof cannot be enforced in South African marriages.

Conclusion:

It is of the utmost importance that couples intending to solemnise their marriage in South Africa consult with an attorney prior thereto and to execute an antenuptial contract that will embody their intentions and promote their best interests.

Article provided by Schoeman Attorneys

Invitations

Your wedding invitations allow you to convey your theme from the outset. Attach them to little bags of sunflower seeds for a sweet, useful effect. This conveys the symbolic notion that the invites are ‘sowing the seeds’ for your wedding day. Alternatively, use sunflower imagery on printed invitations, allowing each of your friends and family members to receive a bright, cheery piece of stationery to set the scene for the celebrations.

Attire and Accessories

For your theme colours, use the vibrant yellow of the sunflower’s petals and the deep, textured brown of its centres and then carry this through to the attire of your bridesmaids and groomsmen. Keep the look subtle and tasteful by not including too many fussy designs or floral patterns. Consider adding actual sunflowers as buttonhole bouquets or as features on sashes or belts.

Add smaller sunflowers to your hair, either as individual blooms or as a 1960’s-style wreath for a fun look. If you, as the bride, prefer a more traditional hairstyle, reserve this look for the bridesmaids and / or flower girls.

For traditional floral bouquets, pair your sunflowers with dainty white daisies for really lovely arrangements. These two blooms are from the same family, so they complement one another perfectly. For a more modern approach, simply carry one sunflower.

If possible, have your wedding shoes custom-made with a cute sunflower motif or an embellishment to peek out from beneath your wedding dress.

Venue and Décor

Sunflowers are ideal for a country or outdoor wedding. So, try to choose a wedding venue that is either outdoors or that includes elements of the natural beauty to be found outside. A garden wedding, a marquee or a venue that has glass doors leading outside are all fabulous options for a sunflower theme.

For your wedding décor, try to incorporate the following items to create a stunning theme:

• Sunflower seeds as eco-friendly confetti.
• Yellow and brown napkins and stationery.
• Galvanised buckets filled with sunflowers make great centrepieces.
• A large bloom at each place setting, with the name of the person to be seated there nestled in the centre.
• Sunflower wreaths on each table as a centrepiece.

Guest Favours

You want your guests to have lingering memories of the love and romance of your wedding day. To make sure that your day is extra-memorable, give each person one or more sunflower-themed favours that they can keep and / or enjoy. Some examples are:

• A packet of sunflower seeds accompanied by a note on the health benefits and the many uses thereof.
• Sunflower seeds with planting instructions so that your guests can grow their own beautiful blooms.
• A beautiful bunch of real sunflowers for each couple.
• Chocolate, soap or candles in the shape of a sunflower.

Because the Cradle of Humankind actually crosses the border and comprises a small part of the North West Province too, this entire area is accessible and central. Johannesburg is the home of the OR Tambo International Airport. This means that it is a great base from which to explore the rest of South Africa. Bridal couples and their guests that are travelling from other local or international places will, therefore, find venues in the Cradle of Humankind easy to access.

De Hoek Country House is a 5-star facility in Magaliesburg, nestled within a valley and guaranteeing a distinguished elegance and a chic African flavour. It is characterised by its marble, wood and stone building features. Romance and a deep sense of culture and nostalgia seep through every crevice of this wedding venue. In addition to the venue, which accommodates 60 people, there is also accommodation for the newlyweds and some of their guests.

Lethabo Estate is also situated within close proximity to the Cradle of Humankind and is a 4-star venue. The stone and thatch features give it an authentic African bush feel, while the stunning views and professional wedding services never negotiate on world-class quality. Each wedding is handled individually and according to the unique tastes and desires of the bridal couple.

Couples that choose the Cradle of Humankind as their honeymoon destination will find themselves with a variety of things to do and see. These include the fossil-bearing caves:

• Bolt’s Farm
• Cooper’s Cave
• Drimolen
• Gladysvale
• Gondolin
• Haasgat cave
• Kromdraai
• Malapa Fossil Site
• Minaars Cave
• Motsetsi
• Plovers Lake
• Sterkfontein
• Swartkrans
• Wonder Cave

In addition, you are advised to:

• Hike, walk or cycle the many trails through the mountains
• Explore the fascinating Maropeng Visitor Centre
• Indulge in pampering spa treatments at one of the many local health and wellness centres

Colours and Design Elements

Bollywood is all about vibrant colours, ornate embellishments and opulent textures. Use hot pink, orange (bright or burnt), deep red, glittering gold, luxurious brown, bottle green and midnight blue for the best effects. Layer various fabrics of different weights; from thick quilts to flowing organza and everything in-between; for a really effective look and feel with minimal effort. A Bollywood theme should pique all of the senses and give your guests an array of things to see, touch, hear and taste. Use gold thread, fluffy tassels, sparkling sequins and beads in your décor and attire.

Attire and Accessories

Your wedding outfit, and that of the entourage (bridesmaids, groomsmen, etc…), gives you (as the bridal couple) the ideal opportunity to convey your theme effectively. If you definitely want to wear a white dress, consider a gorgeous, ornately-embellished white sari with gold detailing and beaded headwear. This is still very Bollywood, but also simple and unique. If you prefer a more traditional gown, introduce the theme with your jewellery and accessories, as well as Henna tattoos on your hands and feet.

Have your bridesmaids and the flower girl in colourful saris, ensuring that they all feel comfortable in this attire, particularly if it requires that parts of their stomach, sides or backs are exposed. For a trendier approach, dress your entourage in belly dancing outfits.

The groom’s dress should also be colourful and ornate, taking advantage of the gorgeous textiles available. Consider putting only him in a turban to set him apart from his groomsmen. Opt for sherwanis, Jodhpuri suits, kurta pyjamas or formal tuxedos for these men.

Décor

As always, use fabrics that are richly coloured, ornately embroidered and heavily embellished for your napkins, tablecloths and guest favours. Include the following décor elements for the ultimate Bollywood glam:

• Indian tents (perhaps using one as your reception venue)
• Pillars, wrapped in gorgeous fabrics and fairy lights
• Tables named according to popular Bollywood films or actors
• Bronze genie lamps
• Ottomans
• A red carpet
• Ornate candles
• Ornamental elephants  (a sign of fertility and good luck in India)
• Trinket boxes

Guest Favours

Give your loved ones and friends something special by which to remember this very special day. Just some of our ideas include:

• Ornamental elephant (which carry much significance in the Indian cultures and religions)
• Ornately decorated metal boxes (perhaps filled with chocolates, Chai blends or a curry spice)
• Packets of premixed curry powders or traditional teas
• A copy of your favourite Bollywood film on DVD

1. Make it worthwhile – while photographers may seem to be expensive and your second cousin is willing to do it for free, hiring a qualified photographer with a good portfolio is well worth the money spent. Disappointing photographs can be devastating to a couple after months of planning their once-in-a-lifetime wedding day.
2. Try, try and try again – schedule a practice session with your photographer well ahead of your wedding day so that the two of you can get to know one another and feel comfortable working together. This will also help the photographer to learn about the types of poses and positions that best suit you and your partner.
3. On trial – try to schedule your pre-wedding photo practice at the same time as your hair and make-up trials so that the photographer can adjust his or her lighting and contrasts. This will prevent the appearance of dark rings, greasy-looking roots or white foundation that may result unexpectedly as a result of poor planning.
4. Strike a pose – page through a fashion magazine and take note of how a model poses for a picture. Try to emulate it and you will notice that it is probably much less than comfortable. These poses are chosen because they accentuate her strengths and minimise her weaknesses. The following hints usually help to make anyone look more photogenic:
1. Lift your head so that your chin does not appear to form a roll under your face
2. Push the centre of your tongue onto the roof of your mouth to tighten the area of your neck under your chin (practice in front of a mirror first)
3. Raise your eyebrows slightly to avoid a potential scowl (but do not look surprised)
4. By moving your arms away from your body (e.g. putting one or both hands on your hips), you make your waist and body appear smaller, and your bust larger
5. Suck your stomach in at all times to avoid your dress creasing or bulging in any way
6. Stand on the heel of one foot to give your body a sexy, more curvaceous look
5. Props proposal – try to bring some elements of your wedding day into your photo shoot to create a harmony between the event and the formal capturing thereof. These could include flowers, name cards, the invitation, a sample of the cake, and so on.
6. What’s your background? – use your backdrop as a complimentary feature to your wedding and photo shoot, rather than as an added attraction (or distraction). Be adventurous and encourage your photographer to do the same so that your photographs come out looking as unique and beautiful as you did on the day. Experiment with colours, textures, angles and post-production effects.
7. Light up your life – ensure that the photographer gets the opportunity to visit the venue of your formal photo shoot at the same time of day that he or she will be working there. This will allow them to gauge their equipment needs and to work out where the best places for certain pictures will be. Keep out of fluorescent lighting as this can have a very harsh effect.

Decide whether you want a general fairytale theme or if you would prefer to choose a specific fairytale and fashion your wedding around that. If this is the case, you should choose a story that has something in common with your real-life story. Then, carry it through to your dress, transport, décor and guest favours.

Invitations
To set the scene, send out real fairytale invitations. Some ideas include crowns and tiaras, scrolls or unique personalised books telling the tale of your romance. If you prefer a more conventional invitation style, use lots of colours, glittery effects and fairytale characters as the imagery on the invite.

Attire and Accessories
Specific attire depends on whether or not you have chosen a specific fairytale. Of course, the obvious choice for the bride is a real ball gown, complete with long gloves and a tiara. This need not be white, but can also be light pink, lilac or blue. For the authentic deal, take a picture of Cinderella or Beauty in her gorgeous dress to your designer. For something like The Lion King or Finding Nemo, you’ll need to be more creative with your gown. Consider animal prints or brooches of the cute characters. Imagine blue and yellow striped heels (Nemo) or a fascinator with Minnie Mouse ears attached.

The groom’s attire should be inspired by the quintessential Prince Charming. Alternatively, a black tuxedo with cute accessories (such as Shrek ears) works beautifully too.

Have fun with the entourage. Dress them as the Seven Dwarves or a host of little birds and butterflies that flutter around the couple. The flower girl and ring bearer can be really sweet in complete fairytale character costumes. An added bonus is that they will love these outfits and are much more likely to cooperate.

Venue and Décor
If possible, choose a venue that conveys the fairytale theme. Whether it is a castle, mansion, game park or even an aquarium, having the right venue will go a long way in establishing your theme. In terms of your décor, there are plenty of opportunities to be creative and playful with your theme. Use these ideas for décor inspiration:

• Plenty of candles and candelabras.
• A red carpet (or a white carpet for a dreamier look).
• A horse and carriage, and the imagery that goes with this.
• Plenty of pastel-coloured flowers.
• White feathers on the aisle, tables and dance floor.
• Ice sculptures and helium balloons of various cartoon characters.

Music
Fairytales are renowned for their catchy theme tunes. Use these as you walk down the aisle, enter the reception venue and enjoy your first dance. Some romantic options include:

• I’m a Believer – Shrek
• You Belong to Me – Shrek
• True Love’s First Kiss – Shrek
• Hakuna Matata – The Lion King
• Can You Feel the Love Tonight? – The Lion King
• A Whole New World – Aladdin
• Kiss The Girl – The Little Mermaid
• A Dream is a Wish Your Heart Makes – Cinderella
• Somewhere Over the Rainbow – The Wizard of Oz

Here are some ideas for an ultra romantic honeymoon:

• Wake up early, prepare a picnic basket with coffee, or champagne and orange juice, and choose a gorgeous secluded spot in which to watch the sun rise together. Keep the tone of the rest of the day relaxed and brimming with love and affection.
• Give your love a gift for every day of the honeymoon. This can be something as simple as a personal love letter, a favourite chocolate or an item of clothing. It does not need to be costly or over-the-top. The important thing is that these gifts are heartfelt and meaningful to the recipient. Something sexy is always a popular option to spice up your honeymoon.
• Compile a box containing pieces of paper on which are written the reasons that you love your partner. Every time they open the box, they can read a new reason for your love. This will melt the heart of any new bride, in particular.
• Organise a private Jacuzzi session (if the hotel has one available to their guests, you will need to make plans well in advance so that you are not interrupted). Include the added extras – cocktails, candles and plenty of bubbles.
• Arrange for a sensual couples massage and enjoy being completely relaxed and spoiled together. While you do not need to chat through the massage, you are still spending time together, enjoying one another’s company in luxurious peace. Of course, administering the massage yourself is also a fabulous option that is sure to relax both of you and be the precursor to some honeymoon hanky-panky.
• Dancing is intimate. Have a private evening dance outside (such as on the beach or in a safe park) accompanied by both of your favourite music. Include lanterns perched in the sand or strung from the trees and a blanket on the ground.
• Stage a romantic treasure hunt, complete with clues and prizes along the way. This is adventurous and gives you the opportunity to spoil him or her with fabulous little gifts (in the form of prizes) and a chance to show them how very special spending time with them is to you.
• On at least one morning of your honeymoon, arrange a special breakfast in bed. Cook your spouse’s favourite food (even if that means star-shaped waffles) and accompany this yummy treat with a newspaper, their favourite magazine, or a discussion of the day’s itinerary.
• Write the fairytale version of your dating story and offer this as a gift on your honeymoon, preferably on a romantic date. This will be a really special keepsake for your new husband or wife.

Here are some of the more common potential disasters as well as what can be done to avoid or handle these effectively:

Uncooperative Children
Part of the sweetness and fairytale appeal of weddings is having cute kiddies running around in tutus or other equally adorable ensembles. But (and quite understandably), children can become restless, shy or outright mischievous.

There is no way you can absolutely avoid any naughtiness from the young ones, but there are some things that you can do. The most important way to avoid such disaster is to keep the children busy. Consider having a playroom (with a guardian or babysitter in it at all times) at the reception, complete with tables at which to eat and soft places for the younger ones to sleep, if necessary. Alternatively, offer kids colouring books or board games, even if they are to sit in the reception venues with the adults.

Damaged Attire
Looking at your dress minutes before you’re about to leave for your wedding and spotting a massive tear or stain is certainly worthy of the ‘disaster’ status. Damage to your attire can also happen during your photographs or at your reception (while dancing and mingling).

Firstly, it is important to be as careful as possible when handling and putting on your dress. Be especially careful with your make-up and red wine. It is advisable to ask your bridesmaid or maid of honour to carry a needle with transparent thread, as well as wet wipes. These may not solve all of your dress-damage dilemmas, but they will certainly help.

Feminine Emergency
The body has a will of its own and, whether it is as a result of timing, nerves or hormone imbalances, it is quite possible that you may start your period on your wedding day.

This is not the end of the world, but is certainly inconvenient. Whether or not you are expecting any such feminine emergency on the day, wear a panty liner just in case (the last thing you need on top of starting your period inconveniently is to have blood stains on your dress too). To prevent this from happening completely, start taking the contraceptive pill at least two months ahead of time. Plan your cycle (according to the colour chart on the pack) so that you finish your period just before your big day. Do not make a habit of using the pill to manipulate your cycle, though, as it is not at all good for your body.

Ditched by a Service Provider
You are relying on a number of different vendors to arrive and participate in your wedding to make it a success. Short of doing everything yourself, you have little choice but to trust that they will be there.

Wedding insurance may not change the fact that your reception venue burnt down the day before your event, but it will assist with your financial investments. When faced with a disaster of such proportions, try to remember what your wedding day is all about and keep your wits (and your sense of humour) about you. Your guests will almost definitely try to be as understanding and helpful as possible, so get creative. Call in favours with friends, if possible, or adjust the tone of your big day to fit in with your new, somewhat negotiated circumstances.

Hands disclose revealing clues about the person that sports them. Rough pads with grazed knuckles should be reserved for prepubescent boys, though, while you (as the bride-to-be) should enjoy the luxury of soft, pretty hands for the big day. Remember that, with your wedding ring on, everyone will likely be admiring your hands, and your wedding photographer is sure to want some close-up shots of your intertwined fingers. In addition, you will be shaking hands with friends, holding hands with your new spouse and generally being quite touchy with the wonderful people who choose to share this special occasion with you.

It is wise to get a formal manicure for your wedding day, just to add those final finishing touches to your hands and nails. However, the preparation process should start weeks before this.

Begin by implementing a weekly care routine for your hands and nails. This is a simple and quick one:

• Remove any nail polish.
• File your nails in one direction (not back and forth) to neaten them up and to ensure that they are all one length.
• Wash your hands in warm water with soap.
• Soak your hands in a mixture of warm water and apple cider vinegar (which helps to get rid of dead skin cells) for 5 to 10 minutes.
• Massage ordinary olive oil (or any other cold-pressed oil) into your cuticles while your hands are still wet. Once they are soft and moisturised, push them back very gently.
• Pat your hands dry on a soft towel.
• With the soft side of a filing block, smooth out any ridges on your nails. Finish it off with a buffing chamois so that your nails are shiny.
• Use a rich hand and nail cream to lock all of that moisture in

Once a month, you may want to go for a special moisturising treatment along with a manicure. Paraffin waxes are excellent for moisturising and softening the skin of both your hands and feet. This involves dipping the hands into melted paraffin wax. Although the wax is heated, it is not hot enough to burn, but the heat facilitates the absorption of the oils and minerals. Usually, the wax will be infused with oils and other substances that help in healing and nourishing the hands and feet. A number of coats are applied so that the heat is retained for longer. Then, the hand or foot is wrapped in aluminium foil or plastic and left until the wax has cooled and hardened. It will then be removed.

The day before your wedding day is the best day on which to get your nails done so that they are as fresh and beautiful as possible. If you do not want false tips (whether gel or acrylic), perhaps consider an overlay onto your natural nails, just to ensure that they do not snap or tear on your big day. Choose a colour that you will not regret years down the line, steering clear of outlandish fashion trends.