Marriage Contract

In community of property’ means that everything each individual spouse owned and each of their individual debts from before their marriage are put together in a joint estate. From this point onwards everything they earn or buy after their marriage will also form part of this joint estate, including any debt and liabilities incurred by either one of them.

Should one spouse be reckless with his financial affairs, it will adversely affect the other spouse, as they will be liable for each other’s debts. The spouses will however also be joint owners of all property in the estate. Both spouses therefore have equal rights of ownership and administration over all the assets.

There are various transactions that require the consent of both spouses. The most prejudicial consequence of marrying in community of property, is that assets in the joint estate are vulnerable to the claims of creditors of both spouses and very little can be done to protect against this vulnerability. This marital regime is not recommended for spouses running independent businesses.
Click to expand...

That in itself is reason to go ANC.
 
I get the idea that some people feel ANCs are (somehow) a threat to their marriage and all the nice things that comes with being married. Some even go as far as almost acusing you of planning to get divorced.

Something my father always used to say sums it up well;
"The antenuptual contract does not dictate the relationship between the married couple, it only dictates the legal relationship with a third party."


OT: Screencap this thread as it's one of the very very very few examples where people speak well of "ANC". ;)
 
Last edited:
CR34M3 said:
"The antenuptual contract does not dictate the relationship between the married couple, it only dictates the legal relationship with a third party."
Click to expand...

That is it in a nutshell. The problem is that when trying to explain this to anyone that holds onto CoP or old school marriage, the nutshell is not enough. You must try to elaborate.
 
PM me,can send you the deets of a friend that does them
 
CR34M3 said:
"The antenuptual contract does not dictate the relationship between the married couple, it only dictates the legal relationship with a third party."
Click to expand...

Well said :)

That and the all the legal time wasters you avoid.
 
CR34M3 said:
I get the idea that some people feel ANCs are (somehow) a threat to their marriage and all the nice things that comes with being married. Some even go as far as almost acusing you of planning to get divorced.

Something my father always used to say sums it up well;
"The antenuptual contract does not dictate the relationship between the married couple, it only dictates the legal relationship with a third party."


OT: Screencap this thread as it's one of the very very very few examples where people speak well of "ANC". ;)
Click to expand...

Without insulting your father and his opinion: the ANC very much also dictates the legal (and financial) relationship between the spouses if they get divorced.
 
walterl said:
If your not in it for keeps why do it? Sorry I'm old school
Click to expand...

What if he/she cheats on you? Or there is a similar breakdown of trust?
Just because you're in it for keeps doesn't mean you can't be smart about it
 
eehellfire said:
What if he/she cheats on you? Or there is a similar breakdown of trust?
Just because you're in it for keeps doesn't mean you can't be smart about it
Click to expand...

I see it as a backup.
She goes bankrupt we still have an income, I get blacklisted we still have a name to buy things with and so on.
Also, I can do contracts and so can she without us having to waste the others time to co sign.

It's legal crap anyway and has nothing to do with botter en wors.
 
Indeed,keeps you seperated as entities in case one or the other causes crap accidentally or on purpose. It's a safety net for you both and you seperated,so why not?
 
Your neatest attorney... make it worth while as that paper only comes out once the s#it has hit the fan... and then you ain't best friends anymore.
 
Its simply a matter of what yours is yours and mine is is mine. Imagine you own a house, fall head over heals in love, get married and after 5 years it doesnt work filing for divorce. Will you be better off ? Doubt it.

You work for company A and build yourself a nice little pension. You get divorced ? COP and you just lost half your pension !

The other plus point is if you apply for finance you dont need any papers or signatures from your betterhalf :D
 
Patty said:
Hi guys, Yip i'm taking the plunge soon :D Does anybody know where to get a marriage contract in Jozi area?

Thanks
Click to expand...

Congrats!

As stated earlier, you have to go through a lawyer who will go through the finer details with both of you.

And yes it is a good idea to get an anc.
 
Fng said:
Its simply a matter of what yours is yours and mine is is mine. Imagine you own a house, fall head over heals in love, get married and after 5 years it doesnt work filing for divorce. Will you be better off ? Doubt it.

You work for company A and build yourself a nice little pension. You get divorced ? COP and you just lost half your pension !

The other plus point is if you apply for finance you dont need any papers or signatures from your betterhalf :D
Click to expand...

People who owned nothing of note when they got married ?
 
It's pretty simple. What hers is hers and what yours is hers and when you get divorced it's all hers, you will have to keep on working while living in a shack to support the lifestyle you provided for during marriage. That's about as simple as it gets. I know a few guys living like that at the moment.
 
blunomore said:
People who owned nothing of note when they got married ?
Click to expand...

The opposite, husband owned everything, white came in with nothing, provided for everything, loves his kids and would die for them. Wife never worked after marriage, stayed at home with two maids looking after the kids while mostly shopping, going for tea and scones which turned into wine bitching about their husbands that are never home because they work their asses off.

It has seriously become unbalanced.
 
ponder said:
The opposite, husband owned everything, white came in with nothing, provided for everything, loves his kids and would die for them. Wife never worked after marriage, stayed at home with two maids looking after the kids while mostly shopping, going for tea and scones which turned into wine bitching about their husbands that are never home because they work their asses off.

It has seriously become unbalanced.
Click to expand...

Usually this type of situation ends with the wife getting a monthly payment from the husband.
 
ANC's are also pretty useful in the obvious case where you need to be sure that your intended SO is not in it for the money. There are people with enormous amounts of money and getting married to them will have significant implications for the standard of living etc. experienced by the SO in a less unfortunate financial position. ANC's are simply the easiest way to protect yourself and your assets in a situation like this and to be fairly sure that the motivation for the marriage doesn't stem from greed.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X