Terms and Conditions: Antenuptialcontracts.co.za

Welcome to the website of antenuptialcontracts.co.za owned and managed by Louwrens Koen Attorneys. By using this website and our online services, you agree to be bound by the terms and conditions set out below.

1. The Service

This website facilitates the drafting, notarisation, and registration of Antenuptial Contracts (ANC). These services are provided by Louwrens Koen Attorneys, a registered South African law firm and Notaries Public.

2. Signing and Power of Attorney (Deadlines)

2.1. In-Person Signing: Parties may appear in person at our offices in Pretoria to sign the contract before the Notary. 2.2. Remote Signing (Power of Attorney): If parties cannot attend in person, they must sign a Special Power of Attorney authorising a staff member of Louwrens Koen Attorneys to sign the contract on their behalf. 2.3. Original Documents: The original, signed Special Power of Attorney must reach our offices before the date of the marriage. We cannot notarise a contract post-maritally based on a prior instruction.

3. Consequence of Failure to Finalise

3.1. Default Matrimonial Regime: The entire notarisation process must be completed and the contract executed before the Notary before the marriage is concluded. 3.2. Warning: If the contract is not signed by or on behalf of the parties before a Notary Public prior to the marriage, the couple will be deemed to be married in community of property by operation of South African law. Rectifying this after marriage requires a costly and lengthy High Court application.

4. Traditional and Customary Marriages

4.1. Couples intending to enter into a traditional or customary marriage must ensure that the Antenuptial Contract is finalised and the Power of Attorney reaches our office before any negotiations (such as Lobola) or traditional ceremonies take place. 4.2. In South African law, the commencement of traditional rites may be viewed as the start of the marriage. If the contract is not executed before these events, it may be deemed invalid.

5. The Notary’s Certificate

5.1. Once the Notary is satisfied with the documentation and the contract has been formally executed, a Notary’s Certificate will be issued. 5.2. Important Requirement: Couples must not proceed with their marriage ceremony (civil or traditional) until they have received the Notary’s Certificate confirming that the contract has been duly executed.

6. Legal Consequences and Independent Advice

6.1. Warning: An Antenuptial Contract has significant financial and legal consequences, affecting your rights to assets, debts, and inheritance. 6.2. Independent Advice: You are strongly advised to seek independent legal advice if you do not fully understand the implications of your chosen matrimonial regime. 6.3. Acknowledgement: By signing the Special Power of Attorney or the Contract, you agree that you understand these consequences and have had the opportunity to seek independent counsel.

7. Fees and Payment

7.1. All-Inclusive Fees: Quoted fees include professional fees and Deeds Office registration disbursements. 7.2. Commencement: Work begins only after full payment is received in our trust account. 7.3 Refunds: If cancelled before drafting, a processing fee applies. No refunds are issued once the contract is drafted or executed.

8. Delivery and Collection

8.1. Office Collection: Registered contracts can be collected from our Pretoria office at no fee. 8.2. Courier/PostNet: Delivery via PostNet-to-PostNet or Courier is available at an extra cost to the client.

9. Accuracy of Information and POPIA

9.1. Users are responsible for the accuracy of data provided. We are not liable for registration failures resulting from incorrect information. 9.2. In accordance with POPIA, we only collect data necessary for legal registration and consent to share it with the Deeds Registry.

10. Governing Law

These terms are governed by the laws of the Republic of South Africa.

11. Contact Details

Firm: Louwrens Koen Attorneys

Address: 416 Kirkness Street Arcadia
                 Pretoria, Gauteng
                 Office 4, 2nd Floor, Northern Pavilion 
                 Loftus Versveld Stadium

Email: info@louwrens-koen.co.za, koen@louwrenskoen.co.za  

Telephone: 087 0010 733