Parties often receive poor legal advice about South Africa’s matrimonial property system before entering into a marriage. Some parties are be under the misconception of what the law entails with regards to marriages. In other instances time just got the better of the parties and they forgot to seek the assistance of an attorney before getting married.
In terms of South African law spouses need to conclude (sign) an Antenuptial agreement (https://www.schoemanlaw.co.za/services/antenuptial-contracts/) before they legally marry. If no Antenuptial agreement is signed before the marriage is concluded, the parties are automatically married in community of property. For a detailed exposition on the differences between being married in and out of community of property, please see our article (https://www.schoemanlaw.co.za/i-do-but-with-or-without-the-accrual-system/).
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