A: The Debt Review program is structured according to your marriage contract.
Married in community of property (married COP)
The application to the program will be a joint one and all the debt will be thrown into one pool since the law sees you as one estate.
Your income will also be joined in the calculations and the payment of all your debt will be joint into one single instalment. Both will be placed under Debt Review in a joint application.
Married out of community of property (married ANC)
When you are married out of community of property both parties do not have to go under Debt Review.
If, however, there are debts which both signed for and are therefore both responsible for, then both will have to apply for Debt Review. No account may be excluded from the program.
Marrying someone in Debt Review
When marrying someone already in Debt Review it would depend on your marriage contract.
If you are married in community of property (married COP) you will then also need to apply for Debt Review.
If you are married out of community of property (married ANC) then you will not be obligated to apply for Debt Review.
Divorce and Debt Review
If you already have your Debt Review Court Order that Court Order will have to be rescinded if you were married in community of property (COP) or in the case of a joint Debt Review application. Then you will need to re-apply for a new Debt Review program with a new debt profile and repayment plan separate from your ex-spouse or partner.
If your Debt Review Court Order has not been granted yet you will also need to re-apply if you were married in community of property (COP) or in the event of a joint application. Your new application will be separate from your ex-spouse or partner and based on your personal debt profile.