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Court Appearance and Marriage during Debt Review

Questions & AnswersCourt Appearance and Marriage during Debt Review
Suzette asked 3 years ago

If I go under debt review do I have to appear in court and what if I am married in property of goods? Will it affect my husband’s profile?

1 Answers
Matthys Potgieter Staff answered 3 years ago

Hi there,

Thank you for your question.

We do have a legal team that represents you during your debt review. Usually our clients do not have to appear in court, but there have been occasions where the Magistrate requests that the client is present at the court.

Regarding your husband:

Whether you are married COP or ANC – your debt review will be structured according to you marriage contract.

If you are married COP it will be a joint application and all the debt will be thrown into one pool. Your income will also be joined in the calculations and the payment of all your debt will commence jointly through one single instalment. Both of you will be placed under debt review in a joint application.

When you are married out of community of property both parties does not have to go under debt review. But I would advise that both parties’ income is included in the repayment of debt. If 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.

Kind regards