So you have decided to get married, you are in love and want to spend the rest of your days in each others arms. Congratulations! But wait… have you thought about all the legal issues that are entangled in getting married? I thought not, I bet you thought that putting your signature to that piece of paper was all there was to it – the contract to eternal happiness. Well you are right – but have you thought about the other contracts that should have your signature on? i.e. the agreement that will warrant that your happiness will not end even if the marriage does.
This is thinking long term; I mean what happens if (hypothetically speaking of course) you and your spouse decide to get divorced, or even worse, one of you passes away? How are you going to keep that green eyed monster at bay? You know the one that goes ” That is mine, and so is that; and I want; I want, I want! “
Well I am here to lay your fears to rest. By the simple signing of an anti-nuptial contract, or by agreeing to marry in community of property, you will be able to avoid those terrible fights; the mascara-streaked cheeks, and the dreadful meeting with the bank manager-trying to explain to him that Red really is not your preferred colour.
Basically these contracts ensure that both partners will be financially stable for the rest of their lives, in case the dreaded “D” word crops up in your marriage, or one of you tragically passes away. Really, all it calls for is a few spare moments, and an amicable discussion between you and your husband (or wife) to-be.
In South Africa, couples have the choice of either signing the above or going to the extreme of formulating their own antenuptial contract. If they do not sign a ANC, they are automatically, in the eyes of the law, married in community of property.
Marriage in community of property: It means that everything a couple owned separately either before or during the engagement, now becomes jointly owned and controlled by both of them.
Tags: Legal Issues
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