We are running a series of articles on each of these marital regimes, so this article will be focussing on being married out of community of property without the inclusion of the accrual system. Essentially, this would be your position if in answering the above question you choose to share nothing at all.
When you are married out of community of property without the accrual system, everything that you own is exclusively yours. The same is said for your spouse to be. There will be no sharing in assets (unless agreed upon otherwise which shall be discussed below) and nobody may go after your ‘spouse to be’ for any of your own liabilities and vice versa.
In South Africa, the automatic marital regime is that of in community of property. This is where everything is shared on a 50/50 basis (unless exceptional circumstances in the Ante Nuptial Contract exist to justify the contrary), further details are included in our article specifically relating to such a marriage.
There are however, a couple of Ante Nuptial Contracts in which being married out of community of property is “automatic”, these include if the parties are black South Africans who were married prior to 2nd December 1988.
Because (this was because this was the default system for all black South Africans in terms of the now repealed Black Administration Act) which is when the Recognition of Customary Marriages Act was promulgated, or if the country in which the husband is domiciled dictates that the parties will be married out of community of property.
However, a recent judgment in the High Court of South Africa in Durban was placed in a fantastic position to make a breakthrough in the ongoing amendments to our law.
Learn more about: Out of Community of Property Marriage