Whatshot
Legal Talk
Legal Talk
Date: 2018-10-19
Pre-Marriage Legal Advice
Get legal advice about what type of marriage you and your partner wish to have. Do it as early as possible and well before the wedding pressure builds up. In this way you have enough time to make an informed decision about a matter, which will have long term consequences for you and your future.
Leaving this important decision to the last moment without giving proper consideration could very well have disastrous consequences. Ideally a couple should consult an attorney separately from the other. 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.
Couples who choose to get married out of community of property, where there is no sharing of their joint estate, would need to have Ante-Nuptial Contract executed before a Notary, which is then registered at the Deeds Office. If there is no ANC registered, the marriage will automatically default to an "in-community-of-property" marriage.
One of the dangers of an in-community-of- property marriage is that both spouses are liable for the debts incurred by the other. I am often asked which marital system is best. However, what may work for one couple may not be suited for the other.
For example, the advice given to a person who elects not to pursue a career but to rather stay at home and raise a family will differ from the advice given to that person who is climbing the corporate ladder or is in business for himself or herself. In giving legal advice, a good attorney will also enquire whether either of the couple are averse to taking risks in their careers or business, their attitude to incurring debt, what their lifestyles are like and so on.
Thus it makes sense to see an attorney separately so that any awkward questions can be raised without any fear of reprisals, and where necessary, appropriate measures to protect oneself for the future, can then be put to the other spouse. What marital system may work for one couple, may not necessarily work for another.
More often than not though, both parties would want to continue to earn a separate income and jointly contribute towards the marital expenses. Once a particular type of marital system has been decided, it cannot be undone without the court's consent.
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.zaor call 031 - 502 5670 for legal assistance at competitive rates.