Marriage Regimes & Antenuptial Contracts

by Jamie-Lee Braaff | Candidate Attorney

When two parties decide to get married in community of property, both spouses will equally share the risks and benefits of a joint estate. Both spouses are liable for all debt incurred by each party, regardless of who incurred the debt. 

When two parties decide to get married out of community of property without accrual, they will enter into an antenuptial contract without accrual where there will be no sharing no debts and liabilities and each spouse will maintain their independence. Further, their assets will remain their own separate property and cannot be touched by any creditors.

When two parties decide to get married out of community of property with accrual, they will enter into an antenuptial contract with accrual where both spouses have separate estates when they get married, and they will not share assets or liabilities during the marriage. The spouses will not be held liable for each party’s debts except for being jointly and severally liable to third parties for debts incurred by either party in respect of household necessities. The accrual sharing only occurs at the dissolution of the marriage, be it at death or divorce, when the spouses will benefit equally from the gains or profits made during the marriage.