Starting the debt review process is a big step but it is one that brings relief,
structure, and a clear path to financial recovery. But if you're married, there’s an
important question to consider right at the start:
Do I need to include my spouse in my debt review application?
The answer depends on how you are married under South African law. Let’s break it down.
When You Must Include Your Spouse
If you are married in community of property (COP), all assets and debts are legally
shared between the two of you. This means that you must apply for debt review together,
as a joint application. Even if the debts are only in one person's name, the law treats them as shared,
and both partners must be part of the process.
In contrast, if you are married out of community of property (ANC)
(either with or without accrual) your finances are legally separate.
In this case, you can apply for debt review on your own,
without your spouse being involved.
When You Must Include Your Spouse
Even when the law allows for an individual application, some people hesitate to involve their spouse or even
avoid telling them altogether.
There are a few common reasons:
- Fear of judgment or embarrassment. Debt can be emotional, and people often carry shame about falling behind.
- Concern for a spouse’s career. Some jobs in finance or credit-based businesses require regular access to credit. Being under debt review restricts that access, which may affect your partner’s work.
- A desire to shield the other person. Some believe they’re “protecting” their spouse from worry or inconvenience by keeping the process private.
Thabo and Thandi’s Story
Let’s look at a practical example.
Thabo and Thandi are married out of community of property. Thabo works in logistics,
and Thandi runs a small salon and regularly uses a business overdraft and supplier credit.
Thabo has fallen behind on his personal loans and credit card payments. He’s feeling overwhelmed,
but he’s scared to tell Thandi because he doesn’t want to burden her or risk interfering with
her access to credit.
Eventually, Thabo opens up. At first, Thandi is shocked but later
she feels relieved to know what’s been going on and why Thabo has been so stressed.
Because their finances are legally speaking separate, only Thabo needs to apply for debt review.
Thandi’s business and credit remain unaffected. They work together on a new household
budget that the Debt Counsellor helped Thabo work out and agree on shared financial goals.
The stress in their relationship starts to ease, and Thabo feels supported instead of isolated.
The Power of Tackling Debt Together
Even when you don’t legally have to include your spouse,
it often helps to approach debt review as a team.
Debt is one of the leading causes of relationship stress. But when both
partners are honest and focused on a common goal (being debt-free) they usually come out stronger.
Debt review offers protection from legal action, lower monthly payments,
and a structured plan to pay off debt in a reasonable way over time.
But it can also offer something more personal: a fresh start, built on teamwork and trust.
No one enjoys being in debt. But working through it together,
openly and with a clear goal in mind, can turn a stressful time into a time of
financial and personal growth.