Before you say “I do”

Marriage is not only an important decision affecting your personal relationship; it also has certain legal and other implications. Therefore, it would be to your benefit to consider the following:

  1. If you get married without entering into an ante-nuptial contract (‘ANC’), in terms of South African law, you will be married “in community of property”. This means that all of your assets and liabilities (even those acquired before the marriage) are merged into one joint estate, effectively owned fully and undividedly by both spouses.

  1. This may not be what you are comfortable with, as it influences how the law sees your debt, it may restrict your ability to transact, or it may even be in conflict with what your religion prescribes, for example, Islamic (Sharia) law.

  1. If you have an existing Will, then you may need to review the terms thereof to make provision for your future spouse and children. Your will is also an important instrument of estate planning.

There are various legal implications to being a spouse, and covers the spheres of tax, property, insolvency and more. We strongly advise you to consult a practicing attorney before you say “I do”.

We can help you get the paperwork ready before you say “I do”.