If your husband has given 40% of your business to his brother without value or assets received in return, by marrying in community of property you stand to risk half of your existing 60% holding to your husband.

If your business and assets are much smaller than your husband's assets and businesses, then community of property would be a good option as your undivided half-share will be worth more than your current net asset position and it would also ensure that you would receive half of both spouses' retirement benefits. You would also be assured a half share of all assets and growth prospects.

The downside of community of property is risk in that you take on your husband's personal business risk, if the business is not transacted in companies or trusts.

If your assets and business interests are worth equal or more than your husband's then an antenuptial contract with accrual would be your better option as it would preserve your hard earned estate but at the same time you would participate equally in the growth of the family's business endeavors. It would be prudent to maintain retirement benefits as all too often spouses out of community of property who opted to take on family responsibilities are not well provided for in retirement and do not have a claim on their spouse's or ex-spouse's retirement benefits.

Antenuptial contract without an accrual would suit someone with a very much larger estate than their spouse with much higher scale of growth prospects and it would not be recommended to a spouse that intended to take on family related responsibilities.

I trust that the legal information and perspective provided is helpful in assessing your
position going forward. I am always happy to clarify any aspect of my answer
should you so require.

Best regards,

Thank you for the response, I apologise if I have complicated the answer as it is my job to ensure you are comfortable with the information provided.

You are correct as to the three types of marriage dispensations.

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In Community of Property (binne gemeenskap van goedere) would be recommended if your husband holds assets in his name as you would have security of being half owner and would benefit in any future growth.

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As you already have business interests and assets in your own name, Out of Community of Property but including accrual (buite gemeenskap van goedere met aanwas) would be a very wise option as your estate will probably not grow at the same rate as your husbands if you devote your time to the family. You can make provision for your retirement benefits within the contract. Take time to list all your assets in the contract before the wedding as otherwise your assets going into the marriage will be valued at zero.

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Out of Community of Property excluding accrual (buite gemeenskap van goedere sonder aanwas) would not be recommended in your circumstances.

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In my view and taking all the information provided into account, Out of Community of Property but including accrual (buite gemeenskap van goedere met aanwas) would be your better option.

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I trust that the legal information and perspective provided is helpful
in assessing your position going forward. I am always happy to clarify any aspect of my answer should you so require.