Recently towards the end of Zuba season 3, we saw the Sosala matriarch, Phingiwe, fight tooth and nail to convince her lover to sign a pre-nuptial agreement to preserve her family’s wealth from sticky fingers.

We’re wondering, do you know the basic difference and benefits of the various marriage contracts and how they affect your spouse's future, as well as your estate, should you die or divorce? Here is an overview:

First of all, should you marry without entering into an antenuptial agreement or matrimonial regime, you are automatically considered married in community-of property under South African law.

Marriage in community of property:

Before Getting Married

Each person has separate estates.

On the date of Marriage

Both estates merge into a joint estate and each spouse is the owner of an undivided half share of the joint estate.

During the Marriage

• Any increase or decrease in the assets of the spouses will benefit or prejudice the entire joint estate.
• Written consent of both spouses is required for certain important transactions such as those relating to fixed property, suretyship & credit agreements.

End of Marriage by Death or Divorce

The joint estate is halved, and each person is entitled to an undivided half share.

Advantages

• This is fair and promotes legal and economic equality.
• During the marriage and on its dissolution both partners are entitled to a half share in the joint estate and each one has equal powers of administration.

Marriage out of community of property:

Excluding the accrual system

Before Getting Married

Spouses have separate estates.

On the date of Marriage

The spouses' estates remain separate.

During the Marriage

Any increase or decrease benefits or prejudices the relevant spouse.

End of Marriage by Death or Divorce

Each person retains his or her assets and own accrual. Sharing isn’t required unless an ANC compels donations or a court orders transfer of assets.

Advantages

Protects your estate from insolvency.

Including the accrual system

Before Getting Married

Spouses have separate estates.

On the date of Marriage

Spouses estates remain separate.

During the Marriage

Each person retains control of his or her property, builds up his or her estate and each is responsible for his or her debts. Therefore, any increase or decrease benefits or prejudices the relevant spouse only but at the end of the marriage, the spouses share equally in the growth of their estates (“Accrual”).

End of Marriage by Death or Divorce

Application of the Accrual: A look at the initial value of both estates (before marriage} and the end value of both estates (end of the marriage) will determine the decision. The spouse with the larger estate will give the other spouse half the difference of the two estates which is net accrual.

Advantages

• Fair as there is equal sharing in the growth of each other’s estates at the end of the marriage, which is most likely a result of the marriage.
• Protects one estate from insolvency.
• During the marriage, the ability of the spouses to deal with their property is not limited in any way, provided that one does not or will not jeopardise the right of the other to share in the accrual.

While Phingiwe thought she had it figured out, it is clear that handing her wealth to her son, Thando, did not save her from crookery. When it is finally your turn to choose, choose wisely.

Watch Zuba daily on Novela Magic, DStv channel 165. If you want to join our Novela Magic fam conversations on the shows, find Novela Magic on Facebook, Twitter, and Instagram using #NovelaMagic.