One of the most common questions couples ask our Notaries in Pretoria is whether marriage will "merge" their credit scores. While your individual credit score remains technically separate in the eyes of credit bureaus, the type of marriage contract you choose determines whether your spouse’s financial mistakes can ruin your creditworthiness.
The General Rule: Separate Scores
In South Africa, there is no such thing as a "joint credit score." Your credit history—built on your store cards, cell phone contracts, and car loans—stays linked to your ID number.
- Dual Income Advantage: When you apply for a bond or a large loan, banks often look at your household income. Being married can make you a more attractive candidate for credit because of your combined "affordability."
- Individual Responsibility: Under a standard Antenuptial Contract (ANC), your individual defaults or late payments generally won't appear on your spouse's credit report.
The Danger Zone: Marriage In Community of Property
If you do not sign an Antenuptial Contract, you are automatically married In Community of Property. In this regime, your credit ratings become dangerously intertwined.
1. Joint and Several Liability
Under this system, there is only one "Joint Estate." Legally, you and your spouse are jointly and severally liable for all debts incurred both before and after the marriage.
- The 100% Rule: A creditor doesn't have to split the claim 50/50. They can pursue either spouse for 100% of the debt.
- Targeting the Affluent Spouse: If your spouse defaults on a debt, the creditor will likely target the partner with the higher income or more assets to settle the account.
2. The Credit Bureau "Blacklist"
If you are married In Community of Property and your spouse is blacklisted or has a judgement taken against them, it effectively cripples your credit too. Because you share a legal estate, most banks will refuse to grant you credit in your individual capacity, as your income is legally tied to your spouse's liabilities.
The Protection: Marriage Out of Community of Property (ANC)
By signing an Antenuptial Contract (with or without accrual), you create a legal firewall between your credit ratings.
- Asset Protection: If your spouse’s business fails or they run up significant debt, your personal assets and your salary cannot be attached by their creditors.
- Credit Independence: You can maintain a pristine credit score even if your spouse struggles financially. This is essential for entrepreneurs and professionals who need to maintain clear credit records for business purposes.
- Freedom of Contract: You can enter into credit agreements without needing your spouse’s written consent—a requirement that often complicates life for those married In Community of Property.
Apply Online: Secure Your Financial Independence
With a registration volume of 1,100 prenups annually, Louwrens Koen Attorneys specializes in protecting your financial identity. Don't leave your credit score to chance. Apply online today for a professionally drafted ANC for a fixed fee of R1,900.
[Apply Online for your ANC - R1,950] |