What is the Meaning of Out of Community of Property?
When it comes to marriage and finances, the marital regime you choose can have long-term implications on your assets and legal rights. At Burger Huyser Attorneys, we specialise in guiding clients through every step of marriage contract law, including the popular Out of Community of Property option.
Out of Community of Property Explained
In South African law, couples can marry in or out of community of property. If you choose Out of Community of Property, it means that you and your spouse will maintain separate estates. What you own before the marriage—and what you earn or acquire afterward—remains yours alone.
This marital regime offers benefits such as asset protection, financial autonomy, and legal clarity. But to make it valid, you must sign an antenuptial contract (ANC) before getting married.
At Burger Huyser Attorneys, we draft legally sound antenuptial contracts that are clear, enforceable, and tailored to your unique circumstances.
The Importance of a Professionally Drafted Antenuptial Contract
While it’s tempting to view an antenuptial contract as a formality, it is a binding legal agreement that governs your financial relationship throughout your marriage—and potentially during divorce or death. That’s why working with a trusted law firm like Burger Huyser Attorneys is essential.
Our team provides:
- Antenuptial Contract Drafting
- Consultations with Experienced Attorneys
- Notarial Services for Registration at the Deeds Office
- Tailored Legal Advice Based on Your Personal and Financial Needs
We ensure that every clause is designed to reflect your intentions and protect your future.
Why Choose Out of Community of Property?
Financial Independence and Protection
Choosing this marital regime empowers both spouses to manage their finances independently. You are not liable for your partner’s debts or poor financial decisions—giving you peace of mind.
Succession Planning Benefits
If you or your spouse have children from a previous relationship or significant individual assets, Out of Community of Property can help preserve these for your intended heirs.
Better Business Protection
If you’re an entrepreneur or own a business, this arrangement shields your personal estate from potential business liabilities.
Burger Huyser Attorneys can help you structure the legal documentation to reinforce these protections and guide you through each requirement.
Expert Legal Services at Burger Huyser Attorneys
Our legal expertise extends beyond marriage contracts. We offer a full suite of services in family law, notarial services, and general legal advice. When it comes to Out of Community of Property, we offer:
- Efficient and legally compliant Antenuptial Contract drafting
- Reliable and experienced Notary Public services
- Comprehensive consultations to explain the legal impact
- Swift registration of your contract with the Deeds Office
At Burger Huyser Attorneys, we understand that legal processes can be stressful. That’s why we aim to simplify every step, ensuring you feel confident and informed throughout.
Secure Your Future with Confidence
Whether you’re planning to get married or simply need clarity on marital regimes, Burger Huyser Attorneys is here to support you with expert legal services and personalised guidance. Don’t leave your financial future to chance—make an informed decision today with the help of trusted professionals.
Contact Burger Huyser Attorneys now to schedule a consultation and get your Out of Community of Property agreement started the right way.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
