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Two couples can both be legally married and have completely different legal positions when it comes to their property and finances.
Your matrimonial property regime can influence:
This is why understanding your matrimonial property regime before making major financial decisions can be so important.
At PM Attorneys, we explain the legal framework applicable to your marriage in practical terms, helping you understand what it means for you and what steps may be available if your circumstances change.
A matrimonial regime is the legal system that determines how the property and financial affairs of spouses are regulated during a marriage and, where applicable, when the marriage ends.
In South Africa, the matrimonial property regime can generally be influenced by whether spouses marry:
The regime applicable to a marriage can have significant financial consequences.
The correct legal position depends on the circumstances of the marriage, including whether an antenuptial contract was entered into before the marriage.
Understanding the three main arrangements
When spouses marry in community of property, their estates generally combine into a joint estate, subject to the applicable legal rules and exceptions.
This means the financial consequences of the marriage can extend beyond simply owning property together.
Because transactions involving the joint estate can have legal implications, spouses should understand the responsibilities and restrictions that may apply.
When spouses marry out of community of property with the accrual system, their estates generally remain separate during the marriage, subject to the operation of the accrual system.
The accrual system can determine how the growth in the spouses’ estates is taken into account when the marriage ends.
The terms of the antenuptial contract are important when determining the applicable position.
Spouses may also marry out of community of property without the accrual system, subject to the applicable legal requirements.
Under this arrangement, the spouses generally retain separate estates, and the growth in one spouse’s estate is not automatically shared through the accrual system.
Because the financial consequences can be significant, couples should understand the implications before choosing or entering into a matrimonial arrangement.
The legal consequences can follow you into some of life’s biggest decisions.
Your matrimonial property regime can become particularly important when:
Understanding your position before making a major decision can help you avoid unpleasant surprises later.
Marriage does not always look the same ten or twenty years after the wedding day.
Financial circumstances can change. Businesses can grow. Property can be acquired. Families can change. And the matrimonial arrangement that once seemed appropriate may no longer suit the spouses.
South African law provides circumstances in which spouses may apply to change their matrimonial property regime after marriage, subject to the applicable requirements and procedures.
Because changing a matrimonial property regime can have significant legal consequences, professional legal advice should be obtained before taking steps to change the arrangement.
Our attorneys can help you understand your current position and the legal process that may apply to your circumstances.
When you work with PM Attorneys, you benefit from:
Our goal is to help you understand your financial and legal position so you can make informed decisions about your marriage and future.
Legal advice for the financial side of marriage
We assist individuals and couples with understanding the matrimonial property regime applicable to their marriage and the legal consequences associated with it.
An antenuptial contract can determine important aspects of a couple’s matrimonial property regime. We assist couples with legal advice and the preparation of appropriate antenuptial contracts.
Where spouses seek to change their matrimonial property arrangements after marriage, legal requirements and court processes may apply. We provide advice concerning postnuptial contracts and related matters.
In certain circumstances, spouses may seek to change their existing matrimonial property regime after marriage. We assist clients in understanding the applicable legal requirements and process.
Disagreements about property, assets and financial responsibilities can arise during marriage or when a relationship ends. We assist clients with related matrimonial property disputes.
The matrimonial property regime can have important consequences during divorce. We provide legal guidance concerning the treatment of assets and financial interests in the context of divorce proceedings.
A matrimonial property regime is the legal framework that regulates the property and financial affairs of spouses during marriage and, where applicable, when the marriage ends.
The main arrangements are marriage in community of property, marriage out of community of property with the accrual system, and marriage out of community of property without the accrual system.
Generally, where a couple does not enter into a valid antenuptial contract before marriage, the marriage may be in community of property, subject to the applicable legal rules and circumstances.
In certain circumstances, spouses can apply to change their matrimonial property regime after marriage. The process has specific legal requirements, so professional legal advice is important before taking action.
Whether you’re facing a legal challenge today or planning for tomorrow, the right guidance and our practice areas can make all the difference. Let’s discuss your situation, explore your options and help you take the next step with confidence.
At PM Attorneys whether you’re protecting your family, your property or your business, every decision we make is focused on helping you move beyond uncertainty and towards the outcome you’re working to achieve.
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