Couples who do not wish to apply the delimitation system to their marriage must indicate this in their subscription contract. The result is the separation of the assets of the two spouses. The term «delimitation» describes the increase in the net worth of a spouse`s estate since the date of marriage. In other words, what belonged to them before the marriage is left to you and what you earned during the marriage is shared between you and your spouse. If one spouse has a significantly larger estate than the other, it has no impact on the other and remains exclusively his or her estate. Divorce proceedings for a non-demarcation cancellation contract are financially faster and simpler. Any significant increase in one spouse`s wealth or debts during marriage does not affect the other in the event of death or divorce. It is important to note that an NCH must be closed before the parties get married. It can be done after, and is then called a post-uptial agreement, but this requires the approval of creditors and the authorization of the high court. If there is an NDIC, the marriage is automatically derived from the property.

This means that all property belonging to each party before the celebration of the marriage remains the property of the individual. They will not be part of a common marital estate. However, decisions still need to be made within this regime. Should marriage be contracted by the co-ownership, with or without credit? There is no correct or false answer; One is no better than the other. There are pros and cons for both and the most appropriate option depends on the couple`s priorities and preferences. Let`s explore the implications of everyone. This scenario is a little more complex than limitless marriage and only really becomes significant if the marriage is dissolved. In this case, the difference between the net increases in the respective discounts during the marriage is evenly distributed between the two parties, according to a standard calculation.

Today, there are two good alternatives to consider while dressing your marriage: marital agreement with or without delimitation. As leading South African family lawyers, we see the practical consequence of the day-to-day decisions of the matrimonial regime. Our experience can help you make the best choice and ensure that your prenup or cohabitation agreement meets your requirements. While it may be problematic to discuss an antenuptial contract as part of marriage plans, suggesting that either partner doubts the potential of marriage, this document can avoid a lot of grief in the future.