Page 68 - The Circle of Life

Chapter 4

Marriage

We have a saying in Afrikaans that "trou is nie perde koop nie" meaning it is

serious business to get married and not to be taken lightly. The law agrees and

we will look at all the peculiarities of getting married legally in South Africa. No
doubt your own country will have its own laws on this but they are all the same
and all ask the same question...

Who controls your estate afterwards and how safe are you against debts

of your spouse?

It depends on which of the dispensations you get married on and the simple

answer to the question is never to get married in community of property even

though it is (ironically) the cheapest option and the one our fathers used. As
with all things in law if you do not specifically state you don't want to be married

like that you will automatically be married in community of property. There is
really nothing good to say about the in community marriage and we advise you

to stay away from it. Let me explain why I say this.

In Community of Property

It comes from the common law and a joint estate is formed with the parties as

joint administrators which simply mean both of you are now the owners of one
estate where your combined assets are thrown into. That story of your half and

his half is nonsense in this type of marriage dispensation. You are both the
owners and that means all sorts of problems in law.

First there is no juristic equality under this dispensation meaning that you
cannot enter into an agreement without your spouse agreeing also. Your ability

to act in your own name is now gone and subjected to your spouse agreeing. We
will look at this aspect in greater detail later on for it affects you in court cases

and almost every contract known to man. You are in effect much worse off than

before marriage. Further each party can do with property what he or she pleases
but there are exceptions to this rule.

Certain items are not part of the joint estate

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