Getting married in community of property (Port Elizabeth, South Africa)

Getting married in community of property, in South Africa, is not optimal.
Why do I say so?
Another attorney trying to rustle up some extra cash? After all, we are going to be married joined together as one, have children - from this point we shall be a unit a model family; a family of love. It is to be noted that at this stage love and the upcoming nuptials are causing you to have butterflies in the tummy, the two of you are the centre of activity - life is great.
But let's look at the practical consequences and maybe some examples.
Getting married in community of property is definitely the most affordable option - its cheap because its free, there are no formalities - no need to see a notary - it seems the obvious choice. Then we say the "I do's" and you are married - and as sure as the sun will set on this special day - the next day will brings the practical realities of this marriage regime.
Everything you own on both sides are bound together as one estate, with some very serious consequences. Please note that I will not go into all of them, that you can discuss with your notary, but some of the most common are the following:
Joe & Sally get married, Joe is a prudent savings orientated individual and has in a short time saved a considerable amount of money despite earning a relatively modest salary - Sally is a high earning professional but spends money as if there is no tomorrow and she is always late paying accounts - due to the new Credit Act, her paying record will now affect Joe, which will come as a surprise when they try to buy their dream home. The worst case is where either party are sued in their private capacity - then the combined estate is going to be raided by the judgement creditor. I will not go into administrations, sequestrations and the like - save to say its not pretty.
Most people in the new South Africa are forced to open businesses due to the realities in South Africa - when you do so, bear in mind that most businesses fail - when it does - what about the joint estate?
I am  often approached by couples married in community of property who now want to be out of community of property. This is a formal procedure through the High Court and costs a lot (more about this later)
It is to be noted that here in Port Elizabeth, South Africa - I often find that few people truly appreciate the need for a marriage / antenuptial contract until it is too late.
If you really want a marriage with the same effect as marriage in community of property with an antenuptial contract - contact me and we can help you.
In my personal view nobody should marry in community of property in South Africa - but that's my personal view.

Ways to get married in Port Elizabeth, South Africa

In South Africa the principal ways to get married are:

1. In community of property;
2. Out of community of property - including the accrual system;or
3. Out of community of property - excluding the accrual system. 

I would like you to remember that these blog posts are not legal advice - but it may in some simply way help you better understand your options, when thinking of getting married. It is important that you consult with a notary or an attorney to obtain proper legal advice.

In my practice most couples want one of these three options, in future posts I shall be looking at these various options.

It is important to note that should you want a marriage out of community of property - you need an antenuptial contract to be signed before a notary, before you get married, if not you are married in community of property.