Former DA MP Phumzile Van Damme on why people should not get married in community of property

29 October 2024 - 13:36
By Modiegi Mashamaite
Former DA MP Phumzile Van Damme emphasised the importance of being rational when selecting a marriage contract. File photo.
Image: REUTERS/Neil Hall Former DA MP Phumzile Van Damme emphasised the importance of being rational when selecting a marriage contract. File photo.

Former DA MP Phumzile Van Damme is vocal about the financial implications of marriage, urging couples to reconsider entering into a marriage in community of property.

“I don’t know who needs to hear this but don’t get married in community of property. I’ve seen so many horror stories of people being financially compromised. Don’t do it. Love is wonderful and feels like it will last forever, but life happens,” she warned.

Van Damme emphasised the importance of being rational when selecting a marriage contract.

“Before you get married, take emotions out of it and think rationally. There are different types of marriage contracts, and you need to choose what best suits your needs and lifestyle. I chose accrual. This means only the assets accrued during the marriage are divided in the event of divorce. Assets I brought into the marriage or received through inheritance remain solely mine,” she said.

Despite confidence in her relationship, vVan Damme underscored the unpredictability of life.

“I love my husband deeply and I don’t foresee divorce or infidelity. He’s not that kind of person. I am also not that kind of person. But, life happens. Just be safe.

“If you are married in community of property, this is no judgment. It's your choice and fits your needs. I'm just not recommending it to others,” said Van Damme

She emphasised the necessity of understanding marriage as a legal contract.

“Get an antenuptial contract too. It’s not only two people pledging to spend their lives together verbally, it’s a legal contract between two people that requires the intervention of the courts to dissolve. Know what it is you’re getting into. And, please don’t just marry anyone. Choose wisely.”

Van Damme's advice is reinforced by statistics from Stats SA.

In 2021, 111,415 marriages were registered in South Africa, with a notable increase in civil unions and customary marriages.

Stats SA revealed the median age of bridegrooms for customary marriages was 36 years and that of brides was 29 years.

A total of 1,463 (54.7%) of the registered customary marriages were from KwaZulu-Natal and Limpopo. Civil unions registered in 2021 indicated Gauteng had the highest proportion with 53.3%.

There were 18,208 completed divorce forms processed in 2021, indicating an increase of 13.1% from the 16,097 divorces processed in 2020. More women (9,981 or 54.8%) than men (6,142 or 33.7%) filed the divorce in 2021. The median ages at divorce in 2021 were 45 years for men and 41 years for women.

The results show four in 10 divorces (7,745 or 42.5%) of the 18,208 in 2021 came from marriages that did not last until their 10th wedding anniversary.

In 2021, there were 10,308 (56.6%) divorces with children aged under 18 affected.