We have three types of Marital Regimes:
- Marriage in Community of Property;
- Marriage out of Community of Property (ANC) without the Accrual System;
- Marriage out of Community of Property (ANC) with the Accrual System.
Marriage in Community of Property
Everything you and your spouse owned before getting married, including everything you acquired while married, will be combined into one joint estate.
Marriage out of Community of Property, without the Accrual System
Parties must enter into an Ante Nuptial Contract, without the inclusion of the Accrual System, which has the effect of the parties keeping assets and liabilities separate, before, during and after marriage. When the parties separate, they retain their respective assets and liabilities.
Marriage out of Community of Property, with the Accrual System
Parties must also enter into an Ante Nuptial Contract, with the inclusion of the Accrual System, which has the effect of the parties keeping assets and liabilities separate, during and after the marriage. Furthermore, assets obtained before the marriage may be expressly excluded from the Accrual. Upon dissolution of the marriage, the Accrual is divided accordingly so that each party obtains an equal share.
Marriage is a complex area of law that intersects with patrimonial benefits and liabilities. At Elogran Naicker Attorneys, we advise on Marital matters ensuring that all legal safeguards are upheld.