There are various reasons why some people prefer to enter into an Ante-nuptial Contract in order to be married out of community of property.
The most common reasons are that:
- They do not want to be held liable for any debts that the other spouse may have incurred prior to the marriage;
- They do not want to be held liable for any debts that the other spouse may incur during the marriage;
- They want to protect assets such as a house from creditors, particularly if one of the spouses has a business of his or her own, and they would therefore want to be able to register the house in the name of the other spouse;
- One or both spouses have assets at the time of the marriage that they don't want to become part of a joint estate;
- They want to be able to enter into transactions without having to obtain the consent of the other spouse;
- During the marriage each spouse retains control of his or her own property, builds up his or her own estate and each is responsible for his or her own debts.