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Marriage and Matrimonial Property

Risks and Benefits of Marriage in Community of Property

In South Africa, the default system is marriage in community of property, unless a couple signs an antenuptial contract before the wedding. While this system offers benefits such as shared ownership of assets, it also comes with risks, particularly regarding debt liability and financial independence.

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Antenuptial Contracts in Customary Marriages

While civil marriages automatically allow for the signing of an antenuptial contract, the rules governing customary unions are more complex. A common question that arises is: "Can an antenuptial contract be signed after a customary marriage?" The short answer is no—unless court approval is obtained.

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How Marriage Contracts Affect Home Loans in South Africa

Whether you enter a civil marriage, customary marriage, or civil union as a same-sex couple, the type of marital contract you choose will directly impact your ability to apply for a home loan, purchase property, or sell real estate in the future.

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Types of Marriage Contracts in South Africa

In South Africa, the type of marriage contract you choose is more than just a legal formality. It can affect everything from how you manage your finances together to how assets are divided in the event of divorce. The choice you make will shape your financial future, and that’s why it's essential to understand all your options before you say "I do."

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