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marriage contracts
Most people sign a marriage certificate without giving much thought to what happens if their spouse accumulates serious debt. The reality is that your choice of matrimonial property regime, made before the wedding or defaulted into by doing nothing, determines whether your partner’s creditors can one day come for assets you consider entirely your own....
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Most South Africans know that a marriage contract determines how assets are shared between spouses during the marriage. What fewer people realise is that your marriage contract also has profound implications for what happens to your estate when you die. Understanding the connection between your matrimonial property regime and your estate planning is not optional...
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If you’re getting married in South Africa, your marriage will automatically fall under the “community of property” system unless you take legal steps to opt out. This means your assets and debts will be combined with your spouse’s. To avoid this, you can choose between an antenuptial contract (ANC), signed before marriage, or a postnuptial...
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