I'm getting divorced. What happens to my property?

Historically, 44% of marriages in South Africa have resulted in divorce. Since lockdown, there has reportedly been a 20% increase in the number of new divorce applications. The family home is sometimes the most significant asset at stake for those unfortunate couples whose marriages ultimately fail, both financially and emotionally. Therefore, it is essential for any couple thinking about getting married—or for any married couple thinking about divorcing—to grasp what our law says about who gets what in a divorce.

A variety of factors will be at play here, all linked to the question of what “marital regime” applies to your marriage so the first question you need to ask is whether you are married in or out of community of property – and if out, does accrual apply?

In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Dilen Heerschop, Associate at Du Toit Burger Incorporated Attorneys, about property and divorce.