![]()
CHOOSING THE CORRECT MARITAL REGIME IN SA: [an Article by listed attorney: Fawzia Khan]
Getting married must undoubtedly rank as one of the most significant milestones in a person’s timeline. This, regardless of whether or not the marriage remains intact or ends through divorce. Amidst all the things that normally take precedence during the wedding planning stage, the issue of type of marital regime should be on top of the wedding list of the intended couple. Sadly though this all important decision is relegated to an after-thought, often with disastrous consequences. Off course every marriage will ultimately terminate, either through death or divorce. With that in mind, it becomes crucial that before a couple decide on the date of their marriage, they should give proper thought and get professional legal advice, preferably independent of each other, as to which type of marital system would govern their marriage
All marriages which are not registered by ante-nuptial contract automatically default to an “in community of property” marriage. The two types of “out of community of property” are “with” or “without” the accrual system, both of which have to be registered through an ante-nuptial contract. This is done by a notary public.
The Original Article can be Viewed here: → Choosing the Right Marital Regime in SA (findanattorney.co.za)