What is the impact of Divorce on Joint Debt Counselling profiles?

Table of Contents

Married in Community Of property

Married out  Community Of property

a) Married in Community Of property 

When you are married in Community of Property both the husband and wife equally share the risk and benefits of a joint estate as you are seen as one legal entity. This is the most common marriage type in South Africa. 

Who is considered liable for the debt?

Both parties are liable for the debt, regardless of which one of them incurred the debt.

In the event of divorce, how will this affect my debt counselling payments?

The debt counsellor will need the following to assist:

1.  Divorce Order
2.  Both parties’ income and expenditure list
3.  List of their accounts

Once the above is in order, the debt counsellor can proceed with splitting the accounts and provide new monthly installments based on the acceptance received from each credit provider. 

b) Married out  Community Of property 

When you are married out of Community of Property the husband and wife are NOT seen as one legal entity. 

Who is considered liable for the debt?

Each person would be liable for their debt under the process.

In the event of divorce, how will this affect my debt counselling payments?

Your profile will remain as is because consumers married out of community of property are not seen as one legal entity and will be signed up for the process as a single applicant.