ANTENUPTIAL
CONTRACTS
A couple may get married in one of three ways in South Africa, namely:
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In Community of Property​​​​
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​Out of community of property - no accrual
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Out of community of property including the accrual system
1. In Community of Property
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When a couple gets married without an Antenuptial or Marriage Contract, they are automatically married "In Community of Property". This means that the property of both spouses combine to form one "joint estate". This includes property they own at the time of the marriage, and any property they acquire during the marriage.
It makes no difference which spouse earns more or who buys the property and possessions, both spouses are equal shareholders in the combined estate. If either spouse has debts, these also belong to the one joint estate.
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During such a marriage, there are many times when the parties need to get the permission of the other spouse to buy and sell certain kinds of property (like a house).
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If the couple get divorced, then all the assets and property in the joint estate must be shared equally between the spouses. This includes even their pension or provident funds!
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It is not recommended that parties get married In Community of Property (i.e. without a marriage contract). There are various reasons for this, which will be discussed during your consultation.
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2. Out of Community of Property
Instead of getting married In Community of Property, many couples choose to marry with an Antenuptial or Marriage Contract (called an “ANC”).
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The ANC is a contract between the spouses, which is signed before they get married. Basically, the marriage contract says that each spouse will own their separate possessions and money.
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Property and possessions belonging to each spouse are not automatically shared with the other spouse, as with a marriage In Community of Property. Each spouse has their own "estate" and manages their own money and property.
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Each spouse does not need the permission of the their partner to deal with their assets and money. Each party is also responsible for their own debts.
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