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Register Antenuptial Contract- R1450 - Easy Online Application.
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Getting Married? Why you should register an antenuptial contract.


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Getting Married? Why you should register an antenuptial contract.
When two persons that are about to be married enter into an Antenuptial Contract their marriage will be out of community of property.

The most common consequences of a marriage out of community of property are as follows:
  • The parties will not be held liable for the debts of a spouse that such spouse may have incurred prior to the marriage; 
  • The parties will not be held liable for the debts of a spouse that such spouse may incur during the marriage; 
  • Assets may be protected, particularly if one of the spouses has a business in his or her own name. The parties may decide to register assets such as their residential property in the name of only one spouse, being the spouse with the lowest risk profile. The assets of each spouse will also be safe in the event that the other spouse is sequestrated; 
  • One or both spouses may have assets prior to the marriage that they want to exclude from the joint estate; 
  • Spouses may enter into commercial transactions without the consent of their spouse;
  • Each spouse retains control over his or her assets, builds his or her own estate and is responsible for his or her own debts.
 

Your Marital Regime Choices


You must choose one before getting married. Your choice will have financial and legal consequences. You are therefore urged to carefully consider your options. If you still have questions message us or book a free 20 min consultation with our attorney. Get Started - Explore your options.

With Accrual - Marriage out of community of property with implementation of the accrual system. Most Popular.

The underlying philosophy in respect of the accrual system is that each party is entitled to take out the asset value that he or she brought into the marriage, and then share what they have built up together. It is however possible to draft the Antenuptial Contract in such a way that the parties share both their pre-marital and post-marital assets on a 50/50 basis, just as if they were married in community of property, but without incurring liability for each other’s debt. Best suited for younger couples. Especially where one of the spouses has his/her own business.

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Without Accrual - Marriage Out of Community of Property without implementation of the accrual system.

Without Accrual the parties specifically declare that the Accrual system as set out in the Matrimonial Property Act will not be applicable to their marriage and will specifically be excluded. Each spouse retains his/her own assets and own accrual – no sharing unless Antenuptial contract compels donations or court orders transfer of assets. In the case of death or divorce, a spouse is entitled only to those assets accrued in his/her name. Should one of the spouses stay at home to raise children, that partner would not be entitled to the assets accumulated by the other partner. Practical for second marriages, marriages where the parties already have children , where both parties have already amassed a sizeable estate or in so called marriages of convenience it simplifies matters drastically.

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In Community - Marriage in Community of Property

The most prejudicial consequence of marrying in community of property, is that assets in the joint estate will always be vulnerable to the claims of creditors of both spouses. This marital regime is definitely not recommended for spouses running their own independent businesses as premarital and post-marital liabilities will become communal, thereby endangering the good standing of not just one, but both spouses.

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Costs - R1450


Free 20 min Consultation - Antenuptial Contract

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  • When you have gone through all the provided articles and frequently asked questions and still have questions. Or you have unique circumstances you wish to discuss in person with an specialist attorney. Sometimes the parties prefer to sign the agreement before the Notary Public in person. Only available if you have already registered and paid for the registration of an antenuptial contract.

Antenuptial Contracts - Resources


Antenuptial Contract Brochure

Antenuptial Contracts Explained

Matrimonial Property Act 88 of 1984

Down Matrimonial Property Act PDF

Recognition of Customary Marriages Act

To makeprovision for the recognition of customary marriages; to specify the requirements for a valid customary marriage; to regulate the registration of customary marriages; to provide for the equal status and capacity of spouses in customary marriages; to regulate the proprietary consequences of customary marriages and the capacity of spouses of such marriages; to regulate the dissolution of customary marriages; to provide for the making of regulations; to repeal certain provisions of certain laws; and to provide for matters connected therewith.

Online Application - Get Started


Complete the online form as thoroughly as possible and submit. We will supply you with an pro forma antenuptial contract within 24 hours. This document can be used as a discussion document and can be changed by us to suit your needs if necessary . Once satisfied sign the contract and return to us by hand, Postnet or Courier. We will supply detailed instructions.

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About Our Antenuptial Contract Registration Service


12 Years running - Thousands of couples assisted using our online application process.

Louwrens Koen Attorneys have already assisted thousands of couples with their Antenuptial Contract registration needs.

Using our efficient online application form we have assisted thousands of couples. We pride ourselves in being approachable. Do not hesitate to contact us with your questions or schedule a free consultation. Louwrens Koen Attorneys


Contact


  • Louwrens Koen Attorneys 417 Kirkness Street, Sunnyside, Pretoria, South Africa

Louwrens Koen Attorneys have assisted thousands of couples to register an antenuptial contract. We pride ourselves in being very approachable. As this will affect your legal status and is therefore an very important matter do not hesitate to contact with any questions you might have.