Ante-nuptial Contracts Questions and Answers

We introduced this Ante-nuptial Contracts Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know what matrimonial property regime is best for you, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Ante-nuptial Contracts, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Ante-nuptial Contracts.advice-child-maintenance-child-custody-divorce    
We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

Other family law resources on this website

There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Ante-nuptial Contracts. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.

Articles and Q&A

There are a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.

Downloadable resources

We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator 5. Free DIY Urgent Child Contact Toolkit Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Ante-nuptial Contracts. If not, feel free to arrange a consultation with us.

advice-child-maintenance-child-custody-divorceSharing is Caring

If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Posted on by Telelaw

Ante-nuptial Contracts Questions and Answers

We introduced this Ante-nuptial Contracts Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know what matrimonial property regime is best for you, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Ante-nuptial Contracts, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Ante-nuptial Contracts.advice-child-maintenance-child-custody-divorce

 

 

We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

Other family law resources on this website

There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Ante-nuptial Contracts. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.

Articles and Q&A

There are a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.

Downloadable resources

We created some downloadable resources for free on this website. They are:

1 Free Basic Will Tool Kit

2. Free Shariah Will Template

3. Free Divorce Starter Tool Kit

4. Free Child Maintenance Calculator

5. Free DIY Urgent Child Contact Toolkit

Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Ante-nuptial Contracts. If not, feel free to arrange a consultation with us.

advice-child-maintenance-child-custody-divorceSharing is Caring

If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Related Post

Execute and Register your Ante-nuptial or Prenuptial Contract

 Marriage is a big step for any two people to take. It is the start of a life together. Getting married is further a legal act where the law affords a married couple with certain rights and responsibilities. For example, the couple has a legal obligation to maintain each other. They may further not marry anyone else whilst so married. And of course, where this article comes into play, married spouses, unless they entered into an ante-nuptial, or prenuptial contract, have a joint estate. In short, there is no longer two separate estates, but one estate, belonging to both of them, in undivided shares.

Antenuptial or Prenuptial Contract

An Antenuptial or Prenuptial Contract is a legal contract, entered into between you and your intended spouse, outlining the matrimonial property regime, and any property or assets to be included or excluded therein. It is drafted and then executed before a Notary Public. The contract would then be registered at the Deeds Office. Remember, it must be executed before you get married either by you and your spouse or a person having a special power of attorney. If it is not done before you get married, you would be married in community of property. The only way to change that would be to approach the High Court for consent to change it. That can be very expensive.

Out of Community of Property

Now let’s say, you and your intended spouse do not want to have one estate, but continue having your own estates while you are so married. This would be useful if you are a business person. Should things go bad for one spouse, then only that estate would be affected. For example, in the case of insolvency, the creditor would only be able to sequestrate your personal estate and not that of the other. And if things go well, and you get hold of some wealth, the wealth would only belong to you and not your spouse. Should you divorce your spouse, then you walk away with only that what you own. For the latter scenario to apply, you should get married Out of Community of Property with the exclusion of the accrual regime. And for that, you need to enter into an antenuptial, or prenuptial contract with your spouse before you get married. Marriage Contract - Antenuptial - Prenuptial Agreement

Accrual Regime

Now let’s say you want to have two separate estates during your marriage. Should your spouse die, or you get divorced, you want to benefit from your spouse’s estate. In other words, you want to get half the difference between the two estates. If you want this to apply at divorce or death, then you need to enter into an antenuptial contract before you get married.

Antenuptial or Prenuptial Contract Registration

Experience taught us the many people leave this important aspect of their marriage until the very last. This is not a good idea as you do not want to rush into this. We offer professional and confidential advice to clients on the legal aspects in relation to ante-nuptial contracts. We would further draft your prenuptial contract and arrange with a Notary Public to execute and register it. You and your intended spouse any either meet with the Notary Public yourselves or provide a special power of attorney.

What does our prenuptial service include?

Our antenuptial contract service may include the following, depending on your requirements:
  • Basic and simplified advice on the three matrimonial property regimes;
  • The basic law on antenuptial contracts;
  • Drafting your antenuptial contract which you and your spouse are happy with;
  • Execution of your prenuptial contract with a Notary Public; and
  • The Registration of your ante-nuptial contract.
We want to make sure that you know what you are getting yourself in, as the agreement would regulate the proprietary aspect, for the entire duration of your marriage. This is the most important and referred to the document, during your marriage. Knowing the law always brings peace of mind. And with us, family matters. Kindly proceed with making payment to start the process. Once you have made the payment, sit back and wait for us to contact you once we received notification of payment. You may also proceed with completing the Online Antenuptial Contract Registration Form. Please note that our operating hours are from Monday to Friday from 09:00 to 16:00, excluding public holidays. You are also welcome to contact us during our operating hours on 0211110090. Marriage Contract - Antenuptial - Prenuptial Agreement    
Posted on by Telelaw

What is a marriage out of community of property?

In South Africa, a Marriage out of community of property is a legal arrangement that allows a married couple to keep their financial assets and liabilities separate from each other. This means that each spouse has full ownership and control over their own property and finances, and they are not automatically responsible for each other’s debts and financial obligations. They have to enter into an antenuptial contract.  In the event of a divorce or the death of one spouse, the assets and debts of each spouse are usually distributed according to the terms of an ante-nuptial contract. There are typically two main types of marital property regimes when it comes to marriage out of community of property:
  1. Marriage out of community of property with accrual: In this type of arrangement, the couple’s financial affairs are separate during the marriage, but they agree that if the marriage ends (either through divorce or death), the growth or increase in the value of their respective assets during the marriage will be shared equally. This means that any assets or wealth acquired before the marriage remains separate, but the increase in value of these assets during the marriage is subject to sharing.
  2. Marriage out of community of property without accrual: In this arrangement, the financial separation between spouses is strict. Each spouse’s assets and debts are entirely their own, and there is no sharing of assets or growth in assets during the marriage. In the event of divorce or death, each spouse retains what they brought into the marriage, and any assets acquired during the marriage are not subject to sharing.
It’s important to note that the specific laws and regulations governing marriage property regimes vary from one country to another. Some jurisdictions might have default rules regarding property division upon divorce or death, and couples may have the option to enter into prenuptial agreements or other legal arrangements to customize their property rights based on their preferences. Marriage out of community of property is often chosen by individuals who want to maintain separate financial identities and protect their individual assets, especially if they have significant wealth or assets before entering the marriage. However, it’s important for couples to understand the legal implications of their chosen property regime and to consult with legal professionals to ensure that their rights and intentions are properly documented and protected. We service clients in all cities: Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on by Telelaw