YOUR MARITAL REGIME CHOICES BEFORE GETTING MARRIED - different antenuptial contracts compared 

Explore your matrimonial property regime options before getting married. 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, you are welcome to contact us. Get Started - Explore your options.

WITHOUT ACCRUAL

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. Read More

WITH ACCRUAL

With Accrual - Marriage out of community of property with the implementation of the accrual system. 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. Read More

IN COMMUNITY OF PROPERTY

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. Read More

WITH ACCRUAL

With Accrual - Marriage out of community of property with the implementation of the accrual system. 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. Read More

WITHOUT ACCRUAL

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. Read More

IN COMMUNITY OF PROPERTY - Copy

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. Read More