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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2017-11-01

Get advice before saying "I do"

My advice couples planning to get married is to make some time in the wedding preparations and get independent legal advice around what type of marriage regime should govern the marriage.

Ideally a couple should consult an attorney separately from the other, but if that's not possible, then consult jointly so that at the very least, you would go into the marriage having made an informed decision around these important issues.

If your partner is unwilling to agree to the marital system of your choice, getting legal advice will provide you with vital information about what risks you face with the chosen marital system and know how best to manage it.

It could also allow you to negotiate with your partner alternate ways to secure assets in your name or how best to provide protection to you and your children in the future. The reality is that this all- too important decision is often left to only one partner to make, or worse still, no consideration at all is made sometimes with disastrous consequences.

There are 2 types of out-of-community of property marriages, those "with" or "without" the accrual system, which are contained in an Ante-nuptial Contract (ANC). One of the dangers of an in-community-of- property marriage is the risk of being liable for each other's debts.

If one spouse is sequestrated, the other spouse automatically becomes sequestrated as well. What marital system may work for one couple, may not necessarily work for another.

The type of employment or career path the couple wishes to pursue, the risks associated [when viewed from the perspective of creditors] with that chosen career, what assets the couple own is some of the factors that need to be looked at.

Once a particular type of marital system has been decided, it cannot be undone without the court's consent. Taking the time to ensure that you have all the necessary information so that you make an informed decision in this regard cannot be over emphasized.

To ensure parity and equity between the parties, making the right decision in your choice of marital regime becomes critical. Contact Fawzia Khan and get legal advice about which marital regime would be best suited for you and let us help structure a workable outcome for you.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney.

Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.