Have an Ante – Nuptial Contract in place

It is not uncommon for people wanting to change their property regime. When we deal with legal matters of this nature, we urge people to make sure that they understand the process and what it means going forward once this has been done. For those of you contemplating marriage, the legal expert would advise that you have an Ante – Nuptial Contract in place. Here he explains why this is crucial in protecting your assets: The usual process to be married Out of Community of Property is to enter into an ante nuptial contract before the marriage. The contract will have clauses in it stating:
  • That there shall be no community of property;
  • That there shall be no community of profit or loss; and
  • That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984 is expressly excluded from the marriage.
However, if you did not do so, there is a way of changing your matrimonial property regime from In Community of Property to Out of Community of Property. For this, you need the consent of the High Court in your Jurisdiction. Here you will make use of section 21 of the Matrimonial Property Act 88 of 1984. For more on this topic, see How to Change Your Matrimonial Property Regime . The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas, see the following links:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa
comprising of:
  1. Divorce guide
For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

Registering an Ante – Nuptial Contract

First of all, it is crucial to note that if you get married without an Ante Nuptial Contract, you are automatically married in community of property. But what exactly is the purpose of having an ANC? An ANC is an agreement in black and white between two parties before entering into marriage. The agreement stipulates how assets will be dealt with in the event of divorce or death. Having an ante nuptial contract benefits you in the following ways:
  • Debt incurred by the other party, will not be affect you financially due to the ANC in place.
  • The ANC allows the parties to remain separate in estates.
  • Parties will not need each other’s consent in financial dealings.
  • Parties can maintain their own financial independence.
Engage with our efficient online appointment system and have us make an online appointment for you today!

Professional legal drafting services

Our legal expert at our law offices is a professional legal drafter with years of experiences in legal drafting and offering expert legal advice on specific family law topics. These family legal topics range from: Do you require expert legal advice in any of these topics? Do feel free to give our law offices a call on 021 424 3487 for an online appointment today.

In Community of Property VS Out of Community of Property

First of all, for this process to unfold legally, you need to have the guidance of a family legal expert. The legal professional will explain the different ways you can go about altering your matrimonial regime between you and your spouse. In turn, the parties involved must gain a clear understanding of why they’re changing their property regime and how this will impact their financial situation. It is therefore the duty of the legal expert to ensure that you are doing things legally correct. Do you have some questions you would like to ask regarding this topic? See Changing your Matrimonial Property Regime Questions and Answers page. Our professional legal consultation can be conducted telephonically, whereby we will be making the call to the potential client for 40 minutes or for part thereof. We are highly accommodating towards our clients and strive to make this website, and the process of obtaining legal advice, as efficient as possible. For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!    
Posted on by Telelaw

Have an Ante – Nuptial Contract in place

It is not uncommon for people wanting to change their property regime. When we deal with legal matters of this nature, we urge people to make sure that they understand the process and what it means going forward once this has been done.

For those of you contemplating marriage, the legal expert would advise that you have an Ante – Nuptial Contract in place. Here he explains why this is crucial in protecting your assets:

The usual process to be married Out of Community of Property is to enter into an ante nuptial contract before the marriage. The contract will have clauses in it stating:

  • That there shall be no community of property;
  • That there shall be no community of profit or loss; and
  • That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984 is expressly excluded from the marriage.

However, if you did not do so, there is a way of changing your matrimonial property regime from In Community of Property to Out of Community of Property. For this, you need the consent of the High Court in your Jurisdiction. Here you will make use of section 21 of the Matrimonial Property Act 88 of 1984.

For more on this topic, see How to Change Your Matrimonial Property Regime .

The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas, see the following links:

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa

comprising of:

  1. Divorce guide

For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

Registering an Ante – Nuptial Contract

First of all, it is crucial to note that if you get married without an Ante Nuptial Contract, you are automatically married in community of property. But what exactly is the purpose of having an ANC?

An ANC is an agreement in black and white between two parties before entering into marriage. The agreement stipulates how assets will be dealt with in the event of divorce or death. Having an ante nuptial contract benefits you in the following ways:

  • Debt incurred by the other party, will not be affect you financially due to the ANC in place.
  • The ANC allows the parties to remain separate in estates.
  • Parties will not need each other’s consent in financial dealings.
  • Parties can maintain their own financial independence.

Engage with our efficient online appointment system and have us make an online appointment for you today!

Professional legal drafting services

Our legal expert at our law offices is a professional legal drafter with years of experiences in legal drafting and offering expert legal advice on specific family law topics. These family legal topics range from:

Do you require expert legal advice in any of these topics? Do feel free to give our law offices a call on 021 424 3487 for an online appointment today.

In Community of Property VS Out of Community of Property

First of all, for this process to unfold legally, you need to have the guidance of a family legal expert. The legal professional will explain the different ways you can go about altering your matrimonial regime between you and your spouse.

In turn, the parties involved must gain a clear understanding of why they’re changing their property regime and how this will impact their financial situation. It is therefore the duty of the legal expert to ensure that you are doing things legally correct.

Do you have some questions you would like to ask regarding this topic? See Changing your Matrimonial Property Regime Questions and Answers page.

Our professional legal consultation can be conducted telephonically, whereby we will be making the call to the potential client for 40 minutes or for part thereof. We are highly accommodating towards our clients and strive to make this website, and the process of obtaining legal advice, as efficient as possible.

For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

 

 

Related Post

I have a legal issue with someone and want to sue out of the High Court of South Africa. What can the High Court assist me with?

The High Court in South Africa is a superior court with general jurisdiction, meaning it has the authority to hear a wide range of cases, both civil and criminal. The jurisdiction of the High Court is outlined in the Constitution of the Republic of South Africa, 1996, as well as in various statutes. South Africa is divided into various provinces, and each province has its own High Court. The locations of the High Courts in South Africa are as follows:

Eastern Cape Division of the High Court:

Main Seat: Grahamstown (Makhanda)

Free State Division of the High Court:

Main Seat: Bloemfontein

Gauteng Division of the High Court:

Main Seat: Pretoria

Local Seat: Johannesburg

KwaZulu-Natal Division of the High Court:

Main Seat: Pietermaritzburg

Local Seat: Durban

Limpopo Division of the High Court:

Main Seat: Polokwane

Mpumalanga Division of the High Court:

Main Seat: Mbombela

Northern Cape Division of the High Court:

Main Seat: Kimberley

North West Division of the High Court:

Main Seat: Mafikeng

Western Cape Division of the High Court:

Main Seat: Cape Town

Each High Court division has its own judges and handles cases within its geographical jurisdiction. The main seat of the division is where the principal court infrastructure is located, and local seats may be established to facilitate access to justice in different parts of the province.

Here are some key aspects of the High Court’s jurisdiction:

Civil Matters:

The High Court has jurisdiction over civil cases involving substantial legal issues or claims exceeding a certain monetary threshold. Civil matters include contract disputes, personal injury claims, family law matters, and other private law disputes.

Criminal Matters:

The High Court has jurisdiction to hear serious criminal cases, including offenses that fall under its exclusive jurisdiction. These may include, for example, certain types of murder cases or offenses that are considered particularly grave.

Constitutional Matters:

The High Court has jurisdiction to hear constitutional matters, but certain constitutional issues may be reserved for the Constitutional Court, which is the highest court in constitutional matters.

Administrative Law Matters:

The High Court can hear cases involving administrative law issues, such as challenges to decisions made by government bodies or public officials.

Appeals from Lower Courts and Tribunals:

The High Court serves as an appellate court for decisions of lower courts, magistrates’ courts, and certain specialized tribunals. Parties dissatisfied with decisions of lower courts may appeal to the High Court.

Review of Administrative Action:

The High Court can review and set aside administrative actions that are unlawful, irrational, or procedurally unfair.

Insolvency and Company Matters:

The High Court has jurisdiction over insolvency matters, liquidations, and company law issues.

Family Law Matters:

The High Court has jurisdiction over certain family law matters, including divorce cases and custody disputes.

Delictual Claims:

Delictual claims, which involve harm or loss caused by wrongful conduct, can be heard by the High Court. It’s important to note that jurisdiction can be complex, and specific rules may apply to different types of cases. The High Court has divisions in different provinces of South Africa, and the jurisdiction may vary slightly among these divisions. Additionally, certain matters may be allocated to specific divisions, such as the Commercial Court or the Labour Court. High Courts typically have Registrars who manage the administrative functions of the court. You may contact the Registrar’s office for information on court procedures, case status, and other inquiries.

Need legal representation in the High Court?

If you have a legal problem which falls under the jurisdiction of the High Court, and require legal assistance, feel free to contact us.

Posted on by Telelaw

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