The implications of your destination wedding abroad.

Covid-19 has had an immense effect on all aspects of the lives of South Africans and the new adventures we had planned. The excitement of planning your perfect wedding day suddenly turned into an untie-able knot in your stomach when the nationwide lockdown was announced. This started the new trend of destination weddings abroad for couples who grew impatient with uncertainties.

While a destination wedding has ample romance factors connected to it, one should be sure to not compromise your “happily ever after” by not knowing the implications of the marriage.

When getting married abroad, one would think that the matrimonial property system of that country would apply. For instance, should that country’s law prescribe that all marriages are seen as concluded as OUT of community of property unless subject to a contract stating otherwise, that will apply to your marriage right? WRONG!

The matrimonial property system in South Africa determines that when a resident concludes a marriage outside of the Country, the laws of the country where the husband is permanently domiciled (the place you intend to make your permanent home) at the time of the wedding being solemnized, will apply. The place where the marriage takes places bears no relevance. Therefore, even if you get married abroad with the intention of a destination wedding and thereafter return to South Africa as newlyweds, South African laws will be applicable. Consequently, you will be deemed married IN community of property should you not have completed an Ante nuptial contract prior to your trip.

Furthermore, should your intention be to emigrate to the country where you are getting married (in example Wales), the domicile address of the husband will change from SA to Wales, and accordingly you will be subject to the marital property system of that the UK, being, if there is no signed Ante-nuptial contract, you will be deemed married OUT of community of property.

To change your marital regime, after the wedding, could be very costly as you will have to bring an application to convince the High Court that you have valid reasons for the intended change. Only once the Judge is in agreement, will you be able to enter into and register a postnuptial contract.  It is therefore extremely important to give the same attention, if not more, to your marital status as the rest of your wedding preparations. To avoid any future confusion, we recommend that you and your future spouse enter into an Ante nuptial Contract prior to departing to your dream wedding destination. For any assistance in the drafting of your Ante nuptial contract, feel free to contact our offices.