The consequences of where and how you get married vary in what banks will require should couples opt to apply for a mortgage loan.
If a couple is not married in community of property, the bank will require proof of an ante-nuptial contract.
“Only ante-nuptial contracts registered in Namibia will be accepted as confirmation of a marriage out of community of property. Such anti-nuptial contracts can be identified by a Deeds Office stamp and the address of the notary public on the first page, as well as the place of execution as reflected on the last page,” said Nancy McNab, sales manager at Bank Windhoek’s Property Finance Division.
Ante-nuptial contracts registered outside Namibia are considered by the Deeds Office as foreign contracts, unless such contracts are registered in Namibia within three months from date of execution of the anti-nuptial contract in the foreign country.
The marital status of individuals married in a foreign country, whether by means of an ante-nuptial contract or not, will be reflected in the Deeds Office as marriages governed by the laws of the foreign country.
“In such instances the assistance of the spouse will be required. Alternatively such property transactions can be registered in the name of both spouses, each of whom should be counter-assisted.”
This requirement is, however, only for Deeds Office purposes.
“South Africans married out of community of property, with an ante-nuptial contract, while domiciled in South Africa may be regarded as married out of community of property for purposes of signing all other types of security. The latter does not apply to other foreign marriages, no matter how they are married,” McNab emphasized.
Though the law is currently being reviewed, marriages contracted in the red line communal areas situated in the northern and north-eastern areas of Namibia are by default considered to be out of community of property.
If individuals in the red line areas want to marry in community of property they need to sign an affidavit before the commissioner or magistrate of that area one month before the date of the intended marriage.
In the affidavit they must declare that they want their marriage to carry the legal consequences of a marriage in community of property.
“Clients must submit a copy of the marriage certificate as endorsed by the commissioner or magistrate,” McNab concluded.