Antenuptial Contracts

Before parties enter into a marriage relationship or a Civil partnership an important decision has to be made. Will the marriage be in community of property; out community of property and will the accrual system be applicable on the marriage or not.

 

In the South African Law system marriages in community of property are the primary marriage regime. This means that when parties enter into a marriage the said marriage will automatically be in community of property unless the parties make use of an Ante Nuptial Contract. The purpose of an Ante Nuptial Contract is therefore to avoid the normal rules and regulations that will be applicable on the marriage if the parties were married in community of property. An Ante Nuptial Contract is drafted and signed by both parties and witnesses before the marriage takes place and then registered in the Deeds Office.

 

It is important that the parties have a clear understanding of the different types of marriage regimes in South Africa as well as the consequences, benefits and risks of each regime before parties enter into a marriage.

 

We at Human Attorneys strive to assist our clients with the drafting and registration of Ante Nuptial Contracts. Our goal is to ensure that the parties understand the types of marriage regimes that are available in South Africa and to help our clients to make the correct decision according to their specific needs. We charge an “all inclusive fee” for the consultation, drafting and registration of the contract.

 

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