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The ABC of ANC's
05 February 2020
1339
Getting married and planning a wedding can at the same time be the most exciting and also the most stressful activity for some couples. There is so much to think about to make your special day as spectacular as you have always imagined it would be. There is the food, flowers, photographers, table décor, dresses, and the venue! It can all become so overwhelming.
However, In the words of UB40: “Wise men say, only fools rush in”.
To my mind, wise men also say “We have a valid ante-nuptial contract”. So before you start scrambling to plan the most important day of your life, rather begin by getting your affairs in order and become informed about why it is important to conclude an ante-nuptial contract.
There are three types of matrimonial property regimes that couples can consider, each with their own consequences. They are: marriages in community of property, marriages out of community of proprty
without
the accrual system, and marriages out of community of property
with
the accrual system.
The thoughts entering your mind right now should be along the lines of:
“If I sign a contract, will I always have to have my spouse's consent?”
or
“What if my husband cannot shake his gambling addiction? Will I be liable for his debts?”
or “
I worked throughout my twenties to get my own property. Will it still belong to me solely, after we get married?”
or
“What if I died and wanted to leave my house to my sister like I planned?”
.
Bearing all this in mind, if you want to protect each other from the other's debts, maintain independence when signing contracts, and do not want to fall into the default category of marriage-in-community-of property-that our law provides for,
you and your soon-to-be-spouse
should seriously consider an ante-nuptial contract.
In essence, your wedding day comes and goes, but your marriage should be governed by a matrimonial regime that protects both of you, and provides complete peace of mind for your future together.
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