96 – 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!

Oct 15 2024

90 – The pros and cons of investing funds offshore

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...
Oct 15 2024

91 – A shareholder buy-and-sell arrangement can preserve your business dynamic

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...
Oct 15 2024

92 – The implications of what used to be called ‘financial emigration’

Question I have been living in Australia for the past five years and have just been granted permanent residence status. I want to emigrate financially and would like to...
Oct 15 2024

93 – The costs of implementing your will and bequeathing your estate

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...
Oct 15 2024

94 – How to ensure you are making the most of your living annuity

Question I recently received a letter to confirm the drawdown percentage of my living annuity. To keep the same level of income, I had to increase my drawdown to 7%, as...
Oct 15 2024

95 – All you need to know about bequests, marriage in community of property, capital gains tax and more

Question I have a number of questions regarding the abovementioned topics:Answer Correctly structuring your income when you retire is one of the most important...
Oct 15 2024

97 – How to make sure you enter 2023 with your finances in order

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...
Oct 15 2024

98 – What to do with your pension fund after changing jobs

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...
Oct 15 2024

99 – How to ensure that your family benefits from your business

Question During the holidays, I took a good look at my personal finances and realized that I have invested pretty much all my assets in a business that I own with a...
Oct 15 2024

107 – How to make it easy for children who live overseas to inherit

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...

Download the Life File