Marital Status

a) If consumer is married in COP, the spouse’s income must be included and a joint application made. When the husband and wife who are married COP decline to do a joint application they cannot apply for Debt Counselling.

b) Where a consumer is married in COP but separated or in the process of a divorce a single application cannot be accepted.

c) If the consumers are married ANC or are living together it is recommended that the Debt Counsellor consider a joint view of income. The reason for this is that:

Both parties enjoy the benefits of joint income. This should be reflected in the budget of the consumer.
The acquired finance (e.g. bond over a fixed property) may be approved on a joint income.

NDRC Practice NoteLast reviewed 2026-04

What this means in practice

Marital regime determines whose debt is in scope. Consumers married in community of property must apply jointly because the joint estate is liable for both spouses' debts.

Where it goes wrong

Single applications by spouses married in community of property are the most common rejection ground at the assessment stage. We confirm marital status with an ID and marriage certificate before opening the file.

Legal context

Matrimonial Property Act 88 of 1984 read with NCA s 79: the joint estate is one debtor for affordability purposes when the marriage is in community of property.

Drawn from NDRC's active case work. For your situation, see our debt counselling overview.

Cite this clause

National Credit Regulator. (2015). Annexure B — Debt Review Assessment Guidelines, clause 2.2: Marital Status. Guideline 001/2015 (Debt Review Task Team Agreements 2010), p. 29.