With nearly 60% of South African marriages ending in divorce, it is important to have a contract in place which governs how your assets are handled, because without it, you can be saddled with your partner’s debt.

Many people don’t realise that unless an antenuptial contract (ANC) is signed before the wedding, they are automatically married in community of property, meaning a joint estate. In practice, it means that one partner’s debts or liabilities can legally impact the other, whether it is business failure, personal debt.

 It’s a shared burden, even if only one person was involved, Divorce Solutions, a Cape Town-based advisory company warned.

“No one wants to plan for divorce when they’re planning their wedding, but with the divorce rate, we owe it to ourselves and to our future families to understand the implications and choose wisely upfront, “attorney and Divorce Solutions CEO Cynthia Blow said. 

The problem, Blow explains, is that couples are often swept up in the emotion of engagement and overlook important legal, financial and emotional realities. South Africa’s three marital regimes – in community of property, out of community with accrual, and out of community without accrual – each carry major consequences, particularly when things don’t go according to plan.

 According to economist and Divorce Solutions Director Adam Blow, that’s just the beginning of the conversation couples need to be having. “Marriage today is a legal and financial contract. It is also about love and commitment, but if we don’t address the financial implications upfront, we set ourselves up for resentment and real damage down the line”. 

He added that it is not just about money, as divorce is often emotionally fraught. “Greater self-awareness, especially in the context of pre-marital discussions, can equip couples to build healthier, more resilient relationships or, at the very least, part ways with less trauma,” he said.

Cynthia Blow meanwhile gives practical steps for couples to make more informed pre-marital decisions, saying that couples must understand the legal implications of their marital regime.

“When you get married, you sign up for a legal system that governs how your assets are handled. There are only three regimes: In community of property means everything is jointly owned. An ANC with accrual protects what you owned before marriage and shares growth during it. ANC without accrual means you keep what’s yours”. 

She also advises that couples must talk about the “tough stuff”. These include how many children they want, whether they do want children and what they will do if their economic circumstances changed.

“If you don’t talk about these issues now, they’ll likely become battlegrounds later”. 

 Cynthia also advises that financial asymmetry must be discussed early in the relationship. “If one of you is inheriting generational wealth and the other is just starting out, don’t pretend it’s irrelevant. Talk about who owns what, what should remain separate and how to fairly build a shared future”. 

She also points to the fact that people change, especially around age 35, when psychological theory suggests our “shadow side” starts to emerge. 

“That means someone who seemed easy-going and accommodating in their 20s might become more assertive (or withdrawn) later. Being honest about who you are and what you value, and continuing to do that over time, is key to navigating long-term partnerships”. 

She advised that couples should build a strong foundation before the pressure starts. Put agreements in writing. Build individual wealth. Understand your tax and property obligations. When you’re happy and in sync is the best time to make long-term plans, not when things are already unravelling. 

zelda.venter@inl.co.za

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