Obviously no one gets married to get divorced but the reality is that the statistics have increased drastically over the years therefore the type of marital contract signed when getting married determines how simplified or complicated the divorce is. Conservatively it is said that nearly 50 percent of marriages result sadly in a divorce in South Africa.

Unregistered marriages do not carry many legal rights however, spousal and child maintenances with adequate proof of grounds to claim could come into play. In a nutshell; married in community of property means both parties own the assets and liabilities in the estate.
There is some exceptions, for example an inheritance that specifically states it should fall out of the beneficiary’s estate in the event of a divorce.

A marriage out of community of property with accrual means basically means that which was accumulated prior to marriage falls out of the estate but during the marriage is shared in terms of both assets and liabilities. Marriage out of community of property without accrual means assets and liabilities prior and during the marriages are separate and a predefined set of rules can be stipulated in this regards.

One’s divorce can have a huge impact on one’s financial planning e.g. life cover for dependents may need to be readjusted, the non-member on a pension, provident, or retirement annuity may claim 50 percent of the members value so one needs to save much more for his or her’s golden years, one’s personal budget may be affected, etc.

Costs incurred during a divorce depend basically on how fair and amicable the couple co-operate. Obviously the more tumultuous the separation, the more emotionally draining it is on the couple and children if any, and of course more expensive as legal costs can pile on fast and heavy! Maintenance matters also tend to become messy, lengthy and pricey!

On a lighter note, a client once told me that when he divorced, he and the ex shared the house 50/50; she got the inside and he got the outside! At least many, many years later he smiled about it, eventually!