MARRIAGE CONTRACTS

The sustainability of a marriage depends, to some extent, on the consensus reached by a couple before the marriage, regarding the matrimonial property system to govern their marriage... The three types of matrimonial property systems in South Africa from which pre-weds can choose are marriages in community of property, marriages out of community of property, which are subject to the accrual system, and marriages out of community of property, excluding accrual. Careful consideration is needed as each of the systems impacts a couple's estate differently... The accrual system is the default out-of-community-of-property system and automatically applies to all marriages unless excluded in the ante-nuptial contract.