Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

I am an SFP affiliated Financial Advisor

No. 096 – All you need to know about Islamic marriages, property rights and antenuptial contracts

by | Oct 15, 2024 | Estate Planning, Financial Planning

Question

I retired three years ago, with half my income coming from my company pension fund and the other half from interest from investments. I am paying tax at a rate of 41%. Is there anything that I can do to reduce this amount?

Answer

Islamic marriages are not yet accorded full recognition. A Muslim marriage that has subsequently been solemnised by a marriage officer will be the same as that of a civil marriage in terms of the Marriage Act. This means that it will be in community of property unless the spouses entered into an antenuptial contract excluding the community of property regime. 

All assets that belonged to the spouses when they got married as well as any assets that the two of you acquire during the marriage will accordingly be co-owned by both parties in equal share following their civil marriage. Again, this assumes that you did not enter into an antenuptial contract. Your husband will therefore own half of your house. You are able to bequeath your share of the house to your children. 

Question: I have two retirement annuities as well as R3-million in a company pension fund. I want to stop my retirement annuity contributions when I turn 56 and start drawing a pension from them even though I plan to work until I turn 65. Am I allowed to do this?    

Answer: You are allowed to draw an income from a retirement annuity (RA) from the age of 55, regardless of whether you are working or are not working.   

However, before you take this course, I would strongly recommend that you chat with a knowledgeable financial planner as this plan of action can have long-term implications. You would need to think about a couple of things: 

Your tax rate will be high when you are working, so the additional income from the RAs will be taxed at a higher rate than it would be taxed if you were on pension. 

The longer you invest and the later you start taking any drawdowns, the better off you will be. In your situation, you would be stopping contributions as well as starting drawdowns 10 years earlier than you should.  This will result in a much smaller pension from these RAs. 

The R3-million in your company pension fund will give you an income of about R12,500 a month. Will this be enough to live on? I find that “pensioner inflation” is often a lot higher than official inflation. I often recommend that my retired clients keep their RAs going till their mid-70s as this is when the real impact of the higher pensioner inflation starts to affect your cash flow. 

The additional income from the RAs can be a lifesaver. If you can delay drawing an income from your RA while you are working, it would certainly help your overall financial wellness.

KENNY MEIRING IS AN INDEPENDENT FINANCIAL ADVISER

Contact him via phone, email or via contact phone on the financialwellnesscoach.co.za website

Read more of our articles on the Daily Maverick website or newspaper weekly!

May 04 2026

No. 252 – A late-life divorce settlement must still work after the dust settles

Question My husband and I are divorcing after a long marriage.   I took time out of the workforce to raise our now adult children, so my retirement savings are much...
May 03 2026

No. 251 – Paying off credit card debt with a bond only works with discipline

Question I built up R80,000 of credit card debt during a difficult period. Things are now more stable, but the debt is expensive at 20.6%. I also have available credit...
May 03 2026

No. 250 – How to prepare your investment portfolio for retirement income

Question I will be retiring in three years. Should I be moving my money into the money market fund?Answer As retirement approaches, it is important to reassess your...
May 03 2026

No. 249 – How to manage retirement income in a falling investment market

Question I will be retiring at the end of June and I am horrified by what has happened to my retirement funds. They have dropped significantly since the beginning of...
Mar 29 2026

No. 248 – Savvy divorce planning starts with seeing whole financial picture

Question I am getting divorced. Everyone talks about the house, the pension and maintenance, but I do not even know where to begin. From a financial planning...
Mar 29 2026

No. 247 – Balancing care, finances and dignity for a parent with dementia

Question My mother is a widow and has been diagnosed with early-onset dementia. She owns several rental properties that provide her with income. She now needs to move...
Mar 29 2026

No. 246 – The case for not making hasty decisions in times of uncertainty

Question I am really worried about what is happening in Iran.  Should I move my investments into gold or the money market until things settle down?Answer The current...
Mar 29 2026

No. 245 – Think twice before establishing a trust to fund future education

Question I’d like to set up a trust for my five-year-old daughter’s education. Is that the right move?Answer A trust can be an excellent vehicle for providing for your...
Mar 02 2026

No. 244 – How modern endowment policies can make tax and estate sense

Question My financial adviser recommended that I invest in an endowment. Is this advisable? I’ve heard bad things about it.Answer For many South Africans, endowments...
Mar 02 2026

No. 243 – The right questions you should be asking about a living annuity

Question I will be retiring shortly and am looking at buying a living annuity.  I was told that the main item to look at would be costs.  The plan that I am looking at...

Download the Life File