An antenuptial contract is an essential document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system.
South African law recognises two forms of civil unions, marriages and civil partnerships, and for both forms of union it is prudent to consider an antenuptial contact. Civil unions include marriages and civil partnerships between same sex couples.
The matrimonial property regime that applies to a marriages or civil partnership will determine how spouses are able to effectively manage the assets owned by prior to and during the union and how assets will be divided and distributed upon the dissolution of the union by death of one of the spouses or by divorce.
It is essential that the most appropriate matrimonial property regime id determined by spouses prior to their union and that is incorporated in an antenuptial contact. The contact must be attested by a notary public and signed by both parties before the solemnisation of the union. If spouses do not enter into a antenuptial contact prior to the union, the matrimonial property regime that will apply to the union will automatically be in community of property.
Securing your future through this important document offers a number of benefits by, 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
- An initial one-hour consultation at our offices
- Drafting 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
- Notifying you that the contract has been registered and providing you with a scanned copy of it
We offer a fully comprehensive service to local and foreign couples which includes the following: