When you marry in South Africa, you will be married either in community of property or out of community of property, depending on whether you have concluded a marriage contract (known as an ante nuptial contract or pre nuptial) before you solemnized your marriage.
If you did not conclude a marriage contract, you are automatically married in community of property. This means that you become liable for each other’s debts, even ones incurred before the marriage. From the date of marriage, you essentially lose your financial independence. It is not always the ideal marriage regime.
The better option is to conclude an ante nuptial contract before you solemnize your marriage. There are various advantages in doing so, not least of which is the protection of your assets.
Your ante nuptial contact can either include or exclude the accrual system in terms of the Matrimonial Property Act. We consider your situation and advise you on the best option for you.
Marriage also has other legal consequences, including estate planning.
MARRIAGE IN COMMUNITY OF PROPERTY
Simpson Incorporated offers a full range of legal services relating to marriage contracts, including marriage in community of property, ante nuptial contracts including the accrual system, and ante nuptial contracts excluding accrual.
ANTE NUPTIAL CONTRACT, INCLUDING THE ACCRUAL SYSTEM
When you marry in South Africa and you decide to conclude a marriage contracts before you marry, you have two options available to you.
ANTE NUPTIAL CONTRACT, EXCLUDING ACCRUAL SYSTEM
When you marry in South Africa and you decide to conclude a marriage contract before you marry, you have two options available to you. You can elect to include the operation of the accrual system as provided for in the Matrimonial Property Act.
