Marriage Out Of Community Of PropertyAntenuptial Contracts
The sustainability of a marriage depends, to some extent, on the consensus reached by a couple before the marriage, regarding the matrimonial property system to govern their marriage.
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Matrimonial Property Systems
Marriage Contracts in South Africa
The three types of matrimonial property systems in South Africa from which pre-weds can choose are marriages in community of property, marriages out of community of property, which are subject to the accrual system, and marriages out of community of property, excluding accrual. Careful consideration is needed as each of the systems impacts a couple’s estate differently.
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Matrimonial property systems available to wedding couples.
Marriage With No ANC
All marriages which are not subject to an ante nuptial contract are automatically in-community-of-property which significantly impacts the status of the spouses and their power to manage their estates.
ANC Including Accrual
The accrual system is the default out-of-community-of-property system and automatically applies to all marriages unless clearly excluded by means of an ante-nuptial contract in South Africa.
ANC Excluding Accrual
This entails that each spouse keeps his or her own estate and the powers and rights he or she had with regard to his or her estate before marriage, remains the same during and after marriage.
“Many people spend more time in planning the wedding than they do in planning the marriage.