ROWAN WILLCOCK
Lawyer in Port Elizabeth

We believe that a balance between traditional values of integrity, trust, mutual respect and a dynamic approach to the constantly changing business environment makes us different. While we embrace change and the challenges it brings, we will never compromise our values and principles. At Joubert Galpin Searle we offer a balance between the traditional values of integrity, trust and mutual respect and our dynamic approach to a constantly changing business environment. We are not just experienced lawyers, we are lawyers who understand business. We believe that it is our commitment to consistent hard work that allows us to gain a thorough knowledge of our clients’ business and their specific needs. Couples who are about to marry have to decide before the marriage whether their property relationship will be In Community of Property or Out of Community of Property. If the marriage is Out of Community of Property there is a further choice of whether the accrual system is to be adopted or not. In order to understand the alternatives we shall define the concepts and mention the advantages and disadvantages. Under our law the standard form of marriage (unlike most other Western countries) is In Community of Property. On death (if the surviving spouse is not the beneficiary of the estate of the deceased spouse) assets which are not always capable of division (e.g. For those who value their contractual and property independence and who may one day embark on business ventures the marriage in community of property is not ideal. If however the parties expect a stable business environment and a marriage of total commitment and sharing with the husband playing the slightly dominant role in property affairs, then a marriage in community of property may be suitable. The partial solution to some of these problems is a marriage Out of Community of Property. will provide that in respect of property and contracts there is no change in the legal status of the parties. These settlements do give the wife some peace of mind. On divorce they will also be hers in the absence of proven misconduct on her part. A clause is usually inserted to provide for a settlement to revert to the husband in the event of the wife predeceasing him. There is no compulsion on the husband-to-be to make any settlements. The nature and extent of settlements are matters of personal choice dependent on the actual and expected financial circumstances of the husband. Some typical settlements are wedding gifts, cash, household furniture to a specified value, a residential plot, motor car and desirably a modest life or endowment insurance policy. To overcome a possible inequality in the respective estates of the spouses the Matrimonial Property Act of 1984 introduced a system of accrual. It is permissible to state that the accrual system if adopted is to be applied to certain specific assets only (e.g. When this letter has been considered an appointment should be made to discuss your requirements. If you intend to ask us to assist you with preparing your ANC, you should preferably should be completed and returned to us together with copies of the first pages of your Identity Books, before a consultation is held. Alternatively, the identity books should be brought in for copying.