The parties do not enter into a Antenuptial Contract before their marriage. Everything which is mine is yours, and everything which is yours is mine. This may sound lovely and in line with the spirit in which you enter marriage, but take a step back and look at the risks and implications of this choice in a modern world.
Benefit of a marriage in Community of Property:
• On death or divorce, the estate is divided equally.
Risks and Disadvantages to Marriage in Community of Property
• If one of the spouses fall into debt, creditors have a claim over the assets in the joint estate that’s the assets of both spouses.
• If one spouse has his/her own business and becomes insolvent, the communal home and all assets, in both the names of the spouses, becomes attachable by creditors
• There is no financial or even contractual independence as certain transactions, such the sale of shares, need the consent of both parties
• If one partner should die, the estate of both the deceased and surviving partner will be wound up because it is a joint estate – not great for the surviving spouse who will find themselves in legal limbo, possibly without access to funds in addition to the trauma of losing a loved one.
For further information contact:
Louwrens Koen Attorneys
Tel: 087 0010 733
Office 4, Second Floor, Northern Pavilion, Loftus Versveld, 416 Kirkness Street, Arcadia, Pretoria.