Glossary of terms:

FAMILY ADVOCATE: an institution that assists with family matters, such as divorces, and makes recommendations in respect of the children’s best interests.

MARRIAGE IN COMMUNITY OF PROPERTY: there is one estate between the spouses. Property and debts acquired prior to or during the marriage are shared equally in undivided shares (50%). Both spouses are jointly liable to creditors. This marital regime automatically comes into existence unless another regime is selected.

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITHOUT THE ACCRUAL SYSTEM: the spouses have their own estates which contain property and debts acquired prior to and during the marriage (“what is mine is mine and what is yours is yours”). Each spouse is separately liable to his/her creditors. Prior to the marriage, an ante nuptial contract must be entered into to indicate that the marriage will be out of community of property.

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL SYSTEM: this is identical to a “marriage out of community of property” but the accrual system will be applicable. The accrual system is a formula that is used to calculate how much the larger estate must pay the smaller estate once the marriage comes to an end through death or divorce. The accrual system automatically applies, unless excluded in an ante nuptial contract. 

PROPERTY: all assets owned by a person, such as a house, vehicle and money.