If you choose to get married in
RSA best you contact an Attorney to explain the system.
There are three types of contracts available to you. If
you choose none, the system automatically reverts to the
common law choice, being:
Community Of Property
- These are the salient points of this
agreement:
The husband
becomes the decision maker in all matters concerning ownership
of assets.
The wife
becomes a minor who cannot sign contracts, open accounts
or enter agreements without her husband's signature.
Upon dissolution
of the marriage assets and liabilities as at the date
of termination are split between the spouses equally,
irrespective of who brought assets into the estate even
from before the marriage. So beware ladies if your Dad
gives you a house as a wedding present and your husband
wishes to divorce you the next week, you have to give
him half or the value of the property less mortgages.
In South Africa you cannot compel an unwilling spouse
to live with you, so when its over with one, it's, "Asta
la vista baby!"
The court
may award a settlement for maintenance of children as
an order against a spouse.
Other Marriage Agreements Ante-Nuptial
With Accrual
When you
marry each party brings in certain assets and those assets
remain the property of the person that brings them in.
Upon divorce,
the parties keep what they brought in and the assets accrued
during the period of the marriage are split between the
parties. The court may award a settlement for maintenance
of children as an order against a spouse.
Ante-Nuptial
Agreement Without Accrual
In this arrangement
the parties maintain separate estates and each acts as
principal of their own estate.
Upon dissolution
of the marriage, the assets of remain their own. The court
may award a settlement for maintenance of children as
an order against a spouse.
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