Types of marriage contracts

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Here are the pros and cons for each contract.

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With the increase of divorce rates in SA it’s only right that you prepare yourself should divorce be on the cards in the future.

In community of property

This means that both your assets and liabities are combined into one.

Pros

  • In the event of a divorce you will you get half of your shared assets.
  • Theres no need to pay legal fee’s to set antinuptial contracts.
  • It can improve your credit rating.

Cons

  • You’re liable for each other’s debt
  • No financial independence

Out of community of property without accrual

The assets you each have remain separate Including those accumulated during the marriage.

Pros

  • You have total independence of assets
  • No need to worry about losing your inherited expensive pots.
  • You don’t inherit your spouses debt.

Cons

  • In case of death of your spouse you don’t get any of their assets.

Out of community of property with accrual

Here you’re only entitled to each other’s assets that you accumulated during the marriage.

Pros

  • Ownership of property acquired prior to the marriage remains yours.
  • Creditors cant hold you liable for your spouses financial issues.

Cons

  • The financially stronger one has to share the earnings with the spouse.
  • For this to apply you will need to enter into an antinaptial contract.
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