The legal stuff to know before getting married

While it is much more fun to plan your dress, the flowers and other details for your wedding day, it is key to do the legal side correctly before you say “I do”.

Understanding the difference between an antenuptual with or without accrual and making sense of which one is best for you is not easy.

Ballito based Stroh Coetzee Inc attorney and conveyancer, Noelene van der Wal helps decipher the legal jargon.

“Whichever option you choose, it is crucial that you sign the contract before you get married. If you do not, you will automatically be married in community of property,” says Van der Wal.

Is being married in community of property so bad?

“It works for some people, but it is more of a think with your heart rather than your head option.

“Think of it as taking two glasses of water and pouring it into one jug – you become one. Both spouses share equally in assets and liabilities.”

If you would rather keep your glass of water half full, you want to consider going for the antenuptual option, of which there are two:

1. With accrual system:

Van der Wal says this system is beneficial for a couple where the wife stays at home and the husband works, as it prevents the wife from being left with nothing should the marriage be dissolved.

“With accrual means you are still in control of your own asset, but you are protected against insolvency of your spouse. The accrual only comes to work in the case of death or divorce in which case the accrual will be shared equally.”

She says while this system is quite popular, it can become rather nasty when things go pear shaped.

“The worst divorces are often the ones with accrual, as spouses often hide assets with the hope to not have to share them.”

2. Without accrual system:

If you are one of those high power couples set on a steep career path with no ambition to have children, this is for you.

This system is based on the idea of ‘what is mine is mine, what is yours is yours’.

“This option is often taken by spouses who have businesses, as this allows them to keep everything separate. As you walk in, you walk out – you have no claim against each other.”

Once you have decided which option you want to go with and your attorney helps you draw up the contract, both of you have to sign it in the presence of two witnesses and a notary.

Your attorney will then have to register the contract at the Deeds office within three months after you got married.