Ante Nuptial Contract meaning

Ante Nuptial Contract is a legal document that stipulates how assets will be dealt with in the event of death or a divorce. [caption id="attachment_4736" align="alignleft" width="300"]Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney[/caption] Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we offer professional, expert legal advice and we are professional legal drafters legal documents. Feel free to call our law offices today and have our friendly receptionist make an online appointment for you for a professional legal consultation.

Ante Nuptial Contract without Accrual

When being married in community of property, no ANC is required and this can be dangerous for both parties. When a couple decides to enter marriage without an ANC, they will automatically be married in community of property – meaning both parties will have equal right to each other’s assets and there is a joint estate. [caption id="attachment_4190" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] On the other hand, being married out of community of property will require an ANC and there will be no joint estate. Having said that, the parties will have their own financial independence and any debt incurred by the one party, will not affect the other. For more information on having your ANC professionally drafted or having your ANC registered, call our offices for an online appointment for a professional legal consultation. See our page for more information Ante-Nuptial Contract Questions and Answers

Ant-Nuptial Contract online

We have developed a range of legal products in which you can purchase online from this website: [caption id="attachment_4201" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected] are:[/caption] Does any of these products interest you? Feel free to call our offices on 021 424 3487 for a an online appointment for a professional legal consultation. Residing out of Cape Town? Call our national number on 087 701 1124.  
Posted on by Telelaw

Ante Nuptial Contract meaning

Ante Nuptial Contract is a legal document that stipulates how assets will be dealt with in the event of death or a divorce.

Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney
Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney

Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we offer professional, expert legal advice and we are professional legal drafters legal documents.

Feel free to call our law offices today and have our friendly receptionist make an online appointment for you for a professional legal consultation.

Ante Nuptial Contract without Accrual

When being married in community of property, no ANC is required and this can be dangerous for both parties. When a couple decides to enter marriage without an ANC, they will automatically be married in community of property – meaning both parties will have equal right to each other’s assets and there is a joint estate.

Call us on: 0211110090
Email: [email protected]

On the other hand, being married out of community of property will require an ANC and there will be no joint estate. Having said that, the parties will have their own financial independence and any debt incurred by the one party, will not affect the other.

For more information on having your ANC professionally drafted or having your ANC registered, call our offices for an online appointment for a professional legal consultation.

See our page for more information Ante-Nuptial Contract Questions and Answers

Ant-Nuptial Contract online

We have developed a range of legal products in which you can purchase online from this website:

Call us on: 0211110090
Email: [email protected] are:

Does any of these products interest you? Feel free to call our offices on 021 424 3487 for a an online appointment for a professional legal consultation. Residing out of Cape Town? Call our national number on 087 701 1124.

 

Related Post

Western Cape High Court and Advocate Muhammad Abduroaf

For those who do not know, Cape Town boasts the seat of the Western Cape High Court, the Highest Court of Law in the Western Cape.  Therefore, most major court cases makes its way to Cape Town.  This could either be due to the nature of the court case, or that a decision is being appealed and has to be heard in the Western Cape High Court. For that very reason, you will find many law offices in Cape Town.  These offices could either belong to a legal practitioner, who is an attorney or an advocate.

Advocate Muhammad Abduroaf

One such legal practitioner, is Advocate Muhammad Abduroaf whose chambers (offices) are very close to the Western Cape High Court. Academically, he holds an LL.B Degree (Bachelor of Laws Degree), as well as an LL.M Degree (Master of Laws Degree). As to the amount of years he has been practising as an advocate; it is over 15 (fifteen years). He gained prominence very early in his legal career, when he won a ground-breaking case for his client. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock? This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 heard in 2014. Moreover, over a decade ago, Advocate Muhammad Abduroaf was an advocate in an important constitutional case. This was where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which includes interdicting pension funds. The relevant case is Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446 heard in 2016.

Picture outside the Western Cape High Court

The picture in this post was taken when Advocate Muhammad Abduroaf exited the Western Cape High Court. To read more about the advocate, go ahead and Google him. Furthermore, have a look at this link https://www.ourlawyer.co.za/about-advocate-muhammad-abduroaf/  

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What is the Status of Muslim Marriage in South Africa?

Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) (28 June 2022)

In the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) (28 June 2022), the Constitutional Court deal with an issue relating to Muslim Marriage. The parties in the case where the following:

WOMEN’S LEGAL CENTRE TRUST                                              Applicant

and

PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA                First Respondent

MINISTER OF JUSTICE AND CONSTITUTIONAL

DEVELOPMENT                                                                            Second Respondent

MINISTER OF HOME AFFAIRS                                                    Third Respondent

SPEAKER OF THE NATIONAL ASSEMBLY                                 Fourth Respondent

CHAIRPERSON OF THE NATIONAL COUNCIL

OF PROVINCES                                                                             Fifth Respondent

SOUTH AFRICAN HUMAN RIGHTS COMMISSION                     Sixth Respondent

COMMISSION FOR THE PROMOTION AND PROTECTION

OF THE RIGHTS OF CULTURAL, RELIGIOUS

AND LINGUISTIC COMMUNITIES                                                Seventh Respondent

LAJNATUN NISAA-IL MUSLIMAAT (ASSOCIATION

OF MUSLIM WOMEN OF SOUTH AFRICA)                                 Eighth Respondent

and

COMMISSION FOR GENDER EQUALITY                                   Intervening Party

and

MUSLIM ASSEMBLY CAPE                                                         First Amicus Curiae

UNITED ULAMA COUNCIL OF SOUTH AFRICA                        Second Amicus Curiae

The Constitutional Court gave the following ruling:

“On application for confirmation of an order of constitutional invalidity granted by the Supreme Court of Appeal: 1. The Supreme Court of Appeal’s order of constitutional invalidity is confirmed: 1.1. The Marriage Act 25 of 1961 (Marriage Act) and the Divorce Act 70 of 1979 (Divorce Act) are declared to be inconsistent with sections 9, 10, 28 and 34 of the Constitution in that they fail to recognise marriages solemnised in accordance with Sharia law (Muslim marriages) which have not been registered as civil marriages, as valid marriages for all purposes in South Africa, and to regulate the consequences of such recognition. 1.2. It is declared that section 6 of the Divorce Act is inconsistent with sections 9, 10, 28(2) and 34 of the Constitution, insofar as it fails to provide for mechanisms to safeguard the welfare of minor or dependent children born of Muslim marriages, at the time of dissolution of the Muslim marriage in the same or similar manner as it provides for mechanisms to safeguard the welfare of minor or dependent children born of other marriages that are dissolved. 1.3. It is declared that section 7(3) of the Divorce Act is inconsistent with sections 9, 10, and 34 of the Constitution, insofar as it fails to provide for the redistribution of assets, on the dissolution of a Muslim marriage, when such redistribution would be just. 1.4. It is declared that section 9(1) of the Divorce Act is inconsistent with sections 9, 10 and 34 of the Constitution, insofar as it fails to make provision for the forfeiture of the patrimonial benefits of a Muslim marriage at the time of its dissolution in the same or similar terms as it does in respect of other marriages that are dissolved. 1.5. The common law definition of marriage is declared to be inconsistent with the Constitution and invalid to the extent that it excludes Muslim marriages. 1.6. The declarations of invalidity in paragraphs 1.1 to 1.5 above are suspended for a period of 24 months to enable the President and Cabinet, together with Parliament, to remedy the foregoing defects by either amending existing legislation, or initiating and passing new legislation within 24 months, in order to ensure the recognition of Muslim marriages as valid marriages for all purposes in South Africa and to regulate the consequences arising from such recognition. 1.7. Pending the coming into force of legislation or amendments to existing legislation referred to in paragraph 1.6, it is declared that Muslim marriages subsisting at 15 December 2014, being the date when this action was instituted in the High Court, or which had been terminated in terms of Sharia law as at 15 December 2014, but in respect of which legal proceedings have been instituted and which proceedings have not been finally determined as at the date of this order, may be dissolved in accordance with the Divorce Act as follows: (a) all the provisions of the Divorce Act shall be applicable, save that all Muslim marriages shall be treated as if they are out of community of property, except where there are agreements to the contrary, and (b) the provisions of section 7(3) of Divorce Act shall apply to such a union regardless of when it was concluded. (c) In the case of a husband who is a spouse in more than one Muslim marriage, the court: (i) shall take into consideration all relevant factors, including any contract or agreement between the relevant spouses, and must make any equitable order that it deems just; and (ii) may order that any person who in the court’s opinion has a sufficient interest in the matter be joined in the proceedings. 1.8. Pending the coming into force of legislation or amendments to existing legislation referred to in paragraph 1.6, it is declared that, from the date of this order, section 12(2) of the Children’s Act 38 of 2005 applies to a prospective spouse in a Muslim marriage concluded after the date of this order. 1.9. Pending the coming into force of legislation or amendments to existing legislation referred to in paragraph 1.6, for the purpose of paragraph 1.8 above, the provisions of sections 3(1)(a), 3(3)(a) and 3(3)(b), 3(4)(a) and 3(4)(b), and 3(5) of the Recognition of Customary Marriages Act 120 of 1998 shall apply, mutatis mutandis, to Muslim marriages. 1.10. If administrative or practical problems arise in the implementation of this order, any interested person may approach this Court for a variation of this order. 1.11. The Department of Home Affairs and the Department of Justice and Constitutional Development shall publish a summary of the orders in paragraphs 1.1 to 1.10 above widely in newspapers and on radio stations, whichever is feasible, without delay. 2. The conditional cross appeal by the Women’s Legal Centre Trust, and the appeals by the South African Human Rights Commission and Commission for Gender Equality are dismissed. 3. The President and the Minister of Justice and Constitutional Development must pay the Women’s Legal Centre Trust’s costs of this application, including the costs of two counsel.”

Status of Muslim Marriages in South Africa

Considering the latter judgment, Muslim Marriages are seen as valid marriages. However, the South African legal framework needs to be changed to allow for its incorporation.

Posted on by Telelaw

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