Out of Community of Property

For all intent and purposes, the estates of both spouses are kept entirely separate before, during and after the marriage. “What’s mine is mine and what’s yours is yours”.

The biggest disadvantage with this system is if one spouse is less financially dependent it may lead to unfairness. For example a number of women (or men) support their spouse’s career advancement by running the household and offering support which cannot be measured in monetary terms. Upon divorce, they may end up walking away with nothing.

This system is typically popular amongst spouses who have been married previously, who are both financially independent or have acquired substantial assets prior to the marriage.

 

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