"I do?" – understanding the legal impact of getting married.


It is a moment that many people dream about. Whether asking "The Question" or answering it, one's life can change in an instant. The engagement or commitment made here will affect you for the rest of your life.

Lawyers are privileged to participate in this occasion by advising on the consequences of marriage. Attorneys also see the impact of the dissolution of marriages, by divorce or death, in often difficult times. It is worth consulting with a lawyer to ensure that you understand the choices you make.

Marriage affects the status of your estate, or your assets and liabilities. The commitment you make to another person emotionally also results in a commitment in terms of your belongings and debts. South Africa recognises three forms of this commitment:

1) Marriage in community of property;
2) Marriage out of community of property – with accrual;
3) Marriage out of community of property – without / excluding accrual.

In the attachment below we set out in more detail the nature and consequences of each different form of marriage, or marital regime. The default position is that the bride and groom marry in community of property. Only if the engaged couple sign an ante-nuptial contract, known as an ANC or pre-nuptial agreement, will this assumption be removed. The emphasis falls on the ante part of the term ante-nuptial contract. The ANC must be signed before the marriage and in front of a Notary, a specialised form of lawyer. This can be done by the spouses-to-be, or by a lawyer to whom you give a Special Power of Attorney to do this for you. Changing your marriage from in community to out of community later requires applying to Court, and notice thereof in the newspaper.

A properly executed ANC must be lodged and registered at the Deeds Office within three months of signing. The original ANC is returned to the married couple a few months later for their safekeeping.

The reason for all these formalities is that marriage and its impact on your estate affects third parties, namely creditors and debtors and they therefore have a right to know what regime you are covered by.

At such a special time these considerations can be perceived negatively, if not downright unromantic! We would suggest that they reflect the significance of your decision. Taking a few minutes to appreciate this would be time well spent now and long into your future From the team.
MA Cooper Attorneys
With Energy and with Experience, giving you Expression


Download Matrimonial Property Regimes