Antenuptial Contracts

Antenuptial contracts set what we believe to be the cornerstones of successful unions.  Think of your antenuptial contract (“ANC”), or colloquially known as a “Pre-nuptial contract”, as the foundation to building a home. This contract dictates your financial future after marriage, how you transact with third parties and further equally importantly directs how your assets will be distributed not only on divorce but also on death.

An ANC is an essential document that, under South African law, determines whether your marriage will exist in one of the following marriage regimes:

  1. In community of property (all assets and liabilities are equally shared and jointly owned by spouses)
  2. Out of community of property – with accrual (each spouse declares his/her estate’s nominal value at commencement of the marriage and retains their assets and liabilities (unless expressly excluded) until death or divorce, whereby the accrual of each will be calculated and divided)
  3. Out of community of property (all assets and liabilities of the spouses are separate, unless otherwise provided for in the ANC)

Having an ANC offers a number of benefits, for example:

  •  Preventing your intended marriage from automatically being in community of property
  • Offering transparency in your relationship by recording the rights, duties and consequences (legal and proprietary) of your marriage
  • Preventing unnecessary disputes with your spouse down the line

We offer a fully comprehensive service to local and foreign couples which includes the following:

  • An initial one-hour consultation at our offices
  • Drafting of a tailor-made antenuptial contract
  • A follow up consultation to sign the contract
  • A letter for your marriage officer confirming that a contract has been executed
  • Lodging the contract at the Deeds Office for registration
  • Notifying you that the contract has been registered and providing you with a scanned copy of it
  • Protecting your contract in our notarial safe

In addition, we strongly recommend that couples consider executing a will together with their Antenuptial Contract. We strongly believe that drafting a will is a key instrument to ensure that your life’s endeavours leaves a lasting legacy much larger than yourself.

Rates for Antenuptial Contracts & Wills

Should you require a quote please complete our quote form.

* Choosing the “right fit” attorney is an important matter! We fully appreciate this and therefore offer a reasonably priced and commitment free initial consultation (R900 VAT included per initial consultation), so you can ensure you have found the “right fit” before contracting legal work! Should you choose us, this fee forms part of the Antenuptial Contract Fee (outlined in the rate card) and is not in addition to that fee! Call us today!

For more information, feel free to browse related topics below.

Suggested reading and related topics:

 

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Slide Share – Marital property regimes in South Africa: Marriage In Community of Property

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Tips for drafting a Antenuptial Contract when you already have a business– RSG Rand en Sent – 27 March 2016

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THE IMPORTANCE OF AN ANTENUPTIAL AGREEMENT FOR FOREIGN SPOUSES TO AID IN LEGAL CERTAINTY IN CASE OF DIVORCE

Antenuptial contracts set what we believe to be the cornerstones of successful unions. This, although seeming fairly negative, includes easing the process of dissolving the marriage, in either death or divorce. The problem most globe trotters face thes …

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The relationship between your will and antenuptial contract explained

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The consequences of not registering an Antenuptial Contract in the Deeds Office

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Married and no Antenuptial contract, what now?

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The importance of having a professionally drafted Antenuptial Contract and Last Will and Testament

Professionally drafted Antenuptial Contracts and Last Wills and Testaments can save time and money in the long run. Nicolene Schoeman and Luise Ostler explain the importance of both documents and what the negative effects are of not ensuring that you h …

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Antenuptial contracts and the Civil Unions Act

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Foreign marriages: knowing your marital status when married in another country, with regard to conveyancing and estate planning

Marriages and civil unions in South Africa are governed by different marital property regimes which directly impact property ownership. These are either in or out of community of property. In South Africa, when executing an antenuptial agreement, or pr …

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The effects of sequestration following a divorce in community of property

Couples, who marry in community of property often register immovable property such as a house in both their names. However, what happens should they get divorced and after the divorce, one of the spouses becomes insolvent – who is entitled to decide an …

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Excluding inheritance from the consequences of a marriage in community of property

Up until now, many people who are married in community of property have believed that if a property is left to them in a will (only one of the two spouses), it is untouchable and cannot be attached to settle outstanding debts. Allen West, chief deeds t …

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The recognition of civil, cultural, religious and same – sex marriages in South Africa

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Antenuptial contracts and estate planning

An antenuptial contract is one of the most important contracts that a person will enter into during his / her lifetime. It regulates, in terms of South African law, whether a marriage will be one in community of property or out of community of property …

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The accrual system and estate planning

The Antenuptial contract excludes a marriage in community of property and may include the application  of the accrual system, or not. Where a marriage includes the application of the accrual system the accrual is calculated at dissolution of the marria …

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Marital property regimes in South Africa

In South Africa, two main marital property regimes exist, namely: 1. The marriage in community of property and of profit and loss and, 2. The marriage out of community of property, where two options exist, namely: 2.1 out of community of property with …

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