There`s a lot more to getting married than simply saying, `I do`. With the legalities surrounding antenuptial contracts, name-changing and indigenous marriages, you need to be equipped with the facts.

Antenuptial contracts
There are two main marital options available in South Africa: marriage in community of property and marriage out of community of property.

In community of property
Strictly speaking, being married in community of property cannot be referred to as a contract - it applies by default if no other contract is entered into. This happens automatically if you don`t sign an antenuptial contract witnessed by a Notary Public* before the wedding.

In this system, all assets and liabilities fall into one estate*. Inheritance is automatically excluded from the joint estate and you can stipulate that certain assets also be excluded.
In the event of...
Divorce: Each spouse is automatically entitled to half of the estate.
Death: The surviving spouse is automatically entitled to half of the estate. The other half can be left to others or to the surviving spouse.
Insolvency: Because each spouse owns half of the joint estate, one spouse`s debts belong to both. Both spouses will therefore be declared insolvent*.

Out of community of property
You have a choice. You can opt to be married out of community of property with the accrual system or without it.
In the event of...
Insolvency: In both cases only the spouse who is insolvent is affected. This system is only relevant in the case of death or divorce.

Without accrual
Each spouse`s estate is kept entirely separate from the other, so what each entered the marriage with and what each acquired individually during the marriage, remains theirs.
In the event of:
Divorce: Each spouse keeps his or her separate estate.
Death: The deceased can leave their estate to the surviving spouse or to any other benefactor of their choice.

With accrual
Each spouse`s estate is kept entirely separate from the other, and in the event of death or divorce remains theirs. However, the growth of the estate from the time of the marriage to the time of death or divorce (referred to as the `accrual`) is taken into account.
In the event of...
Divorce: The accrual of each estate is measured, the smaller accrual is deducted from the larger one and the difference between the two is divided in half. The spouse with the larger accrual pays this half to the spouse with the smaller one.
Death: The surviving spouse automatically gets at least half of the accrual and the rest can be left to whomever the deceased wishes.

To change your name - or not?
It`s no longer automatic that women change their maiden name to their husband`s when they get married, says Kate Komninos, partner at CHV Attorneys. "Women in South Africa today can choose," she explains. "They can take on their husband`s name or add their husband`s name to their own." The last option, that of a double-barrelled surname, is becoming increasingly popular, she says.
Take his name: If you choose to take on your husband`s name, you need to take your marriage certificate to the Department of Home Affairs and apply for a new ID book, in your new name. Your bank will also need a copy of your marriage certificate.
The double-barrelled option: There is no legal procedure for this but your bank will want to see your marriage certificate.

Indigenous and customary marriages
South Africa is a country of diverse communities and customs, but indigenous and customary marriages are still not legally recognised here. This means that, in addition to whatever customary marriage ceremonies couples choose, in order for it to be legal, they must be married either in court, at the Department of Home Affairs or by an official marriage officer.
Polygamy: a practice common to a number of cultures - is also not legally recognised, and any wives married after the first have no legal rights to their husband`s estates.

Important to remember

• Don`t book your honeymoon tickets in your married name - there won`t be time to change it with Home Affairs before you leave.
• Your children, regardless of your choice of surname, will legally take on your husband`s name.
• You cannot update an antenuptial contract as you would update a will. If you want to alter your marital regime*, you will need to make a High Court application in the Supreme Court. You will also need to provide proof that your creditors won`t be put at risk by the changes. You also need to advertise your intentions to make changes and inform all creditors. This is a very costly exercise, so it`s best to make the right choice before the wedding.
• In order for your marriage to be legally valid, the person who performs the ceremony must be a recognised marriage officer. Not all priests, ministers and officiants are marriage officers, so you must establish this before your ceremony.

*Glossary of termsEstate - This refers to everything you own, including money, property, investments and possessions.Insolvent - A person is declared insolvent when they have more debts than assets.Marital/matrimonial regime - A legal term for the marriage system chosen.Notary Public - A qualification that enables an attorney to draw up and certify antenuptial contracts.

Article source: LifeWorld