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.

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.

Posted on 11 February 2025 by Telelaw

Execute and Register your Ante-nuptial or Prenuptial Contract

Antenuptial or Prenuptial Contract

Out of Community of Property

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.

Accrual Regime

Antenuptial or Prenuptial Contract Registration

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.

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.

Civil Appeals to the Western Cape High Court
Did you know that if you are not satisfied with a decision in a court matter, you can appeal to the High Court? Someone might appeal a court’s decision for several reasons, typically revolving around the belief that an error was made during the trial or hearing or in the court’s interpretation of the law. Here are the main reasons for appealing a court decision:
Legal Errors
The appellant believes that the trial court made errors in applying or interpreting the law. This could include improperly admitting or excluding evidence or misinterpreting legal principles.
Procedural Errors
There were mistakes in the way the trial was conducted, such as improper procedures that could have affected the outcome. Examples include not following proper courtroom protocol or violating the defendant’s right to a fair trial.
Evidence Issues
The appellant might argue that crucial evidence was wrongly admitted or excluded or that there was insufficient evidence to justify the verdict reached by the magistrate or the judge.
Abuse of Discretion
The trial judge made decisions that are seen as unreasonable or arbitrary, such as unfairly limiting the scope of examination of witnesses or making biased rulings on motions.
New Evidence
New evidence has emerged that could potentially change the outcome of the case. This is more common in criminal cases, where new evidence might show the defendant’s innocence.
Ineffective Assistance of Counsel
In criminal cases, the defendant might argue that their attorney did not provide competent legal representation, thereby affecting the trial’s outcome. Appeals are typically reviewed by a higher court, which examines the record of the proceedings from the lower court to determine if there were significant errors that affected the case’s outcome. If the appellate court finds that errors were indeed made, it might reverse the decision, order a new trial, or modify the lower court’s decision. If no significant errors are found, the original decision is usually upheld.

Posted on 11 February 2025 by Telelaw

Best Divorce Lawyer Advice – Focus on your case – not the emotions involved

Once upon a time, an individual and their spouse were deeply engaged in a profound romantic relationship, characterized by love and mutual respect. This connection led to the pivotal decision to enter into marriage and embark on a shared life journey. Following their union, they may have welcomed children into their family and created a multitude of cherished memories—celebrations, milestones, and everyday moments that strengthened their bond. However, over time, a significant turning point emerged, one that fundamentally altered the trajectory of their relationship. Disagreements began to surface, leading to a gradual emotional detachment between the partners. Despite their best efforts to restore the affection they once felt for each other, these attempts proved unsuccessful, ultimately culminating in the contemplation of divorce.

Best Strategies for Navigating Divorce for Optimal Outcomes

It is not uncommon to witness clients struggling with the emotional ramifications of divorce as they seek assistance in addressing various legal matters. When clients approach us, they often face challenges that extend beyond emotional distress, including the complexities associated with child custody, division of assets, and personal maintenance. Some clients may operate under the misconception that criticizing their partner or airing grievances will enhance their chances of obtaining a more favorable outcome. However, it is crucial to understand that while these emotions are valid and significant, they do not directly impact the objective issues at hand concerning children, property, and financial support.

Best Legal Strategy to employ in Divorces

As legal professionals, our primary goal is to assist clients in navigating their emotional challenges effectively, allowing us to redirect our focus toward the substantive issues that require resolution. This pivotal transition is essential; it serves as a breakthrough moment that enables both the client and their attorney to approach the case with clarity and a constructive mindset. While we remain empathetic to our clients’ emotional experiences, it becomes evident that managing these emotions better facilitates a more effective and favorable resolution to their legal matters.

Focusing on Relevant Legal Issues

Once we have successfully guided clients beyond the emotional turmoil associated with divorce, a concerted focus can be established on the critical legal issues that need to be addressed. The primary objectives during this phase encompass securing an equitable settlement or achieving a favorable judgment through trial proceedings. It is imperative to recognize that triumph in these legal matters rests on the foundation of factual evidence rather than emotional arguments, leading to improved outcomes for the client. For instance, when determining child support, if the monthly cost of raising a child is established at R 10,000, the court adheres to this figure, irrespective of any negative behavior exhibited by the other parent—such as infidelity or other actions that may have contributed to the marital breakdown. These considerations, while emotionally charged, do not influence the financial outcome in a legal context.

Best way to proceed with your divorce case

Therefore, it is essential for parents involved in divorce proceedings to present comprehensive and accurate evidence that substantiates the actual costs associated with the care of their children. This encompasses not only basic necessities but also additional financial obligations that may arise. Furthermore, it is crucial to clearly outline the financial responsibilities that both parents should assume in relation to these costs. This process emphasizes the necessity of grounding discussions in factual data, thereby highlighting that the legal proceedings should focus on practical issues rather than the emotional narratives surrounding the separation. Such an approach can significantly enhance the likelihood of a favorable resolution that meets the needs of all parties involved. If you wish to consult with us, complete the form below:

Child Custody, Contact rights and more – Children’s Act 38 of 2005

This article gives a short introduction to the Children’s Act.

The Children’s Act 38 of 2005 was a very welcomed piece of legislation. It assists us in answering many issues relating to Family Law. For example. What are the rights of unmarried fathers? Do I as a father of a child born out of wedlock have rights? Do I as a father of a child born in terms of a religious marriage have rights?

Parents who are involved in disputes regarding their children should educate themselves on the provisions of the Children’s Act.

Challenges for unmarried fathers

In our view, unmarried fathers almost always experienced difficulties regarding access to their children if they were separated from their mother. What is even worse, is if a couple was married in terms of religion or custom, and not civilly (e.g. in Court), and the parties separated, where the unmarried father’s position would be the same as that of an unmarried father who was never married to the mother religiously or customary.

Rights of Unmarried Fathers in South Africa

However, if a party was married civilly and divorced, the Divorce Court in the past would deal with the issue of care and contact in relation to the minor children. The usual phrase used was that the mother would have custody over the child, with the father having rights of reasonable access. The position has however improved with the inception of the Children’s Act 38 of 2005 for both divorced and unmarried fathers. As outlined below, an unmarried father would have rights over a child, akin to that of a married father, as long as certain conditions are met.

The persistent problem for unmarried parents

However, in our view, based on the custody and contact matters we dealt with since the inception of the Act, mothers are still seen as primary caregivers in practice, and if the mother does not want the father to have contact or care with the child or a say in his or her life, the father would still have to follow the procedures in the Act to give effect to his rights. Sometimes, approaching the Court is the only solution. However, on the whole, the Children’s Act 38 of 2005, is a step in the proper direction for unmarried fathers, and children born out of wedlock. We hope it would improve even more.

The coming into effect of the Children’s Act 38 (Act 38 of 2005)

All sections of the Children’s Act 38 (Act 38 of 2005) came into effect on 1 April 2010. The Children’s Act 38 of 2005 brought many changes regarding the responsibilities and rights of parents and children and also deals with other aspects regarding children, e.g. contraceptives and abortion, etc. Interesting to note are the following sections listed below, there are however others depending on your issues.

Parental responsibilities and rights

Section 18 of the children’s act 38 of 38 2005 states the following: (1) A person may have either full or specific parental responsibilities or rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a Child, include the responsibility and the right- (a) To care for the child; (b) To maintain contact with the child; (c) To act as guardian of the child; and (d) To contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must (a) Administer and safeguard the child’s property and property interests; (b) Assist or represent the child in administrative, contractual and other legal Matters; or (c) Give or refuse any consent required by law in respect of the child, including- (I) consent to the child marriage (ii) Consent to the child adoption; (iii) Consent to the child departure or removal from the Republic; (iv) Consent to the child application for a passport; and (v) Consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). We shall now deal with what the Children’s Act of 2005 says the meaning of care and contact are, which are not the traditional words used in the past. In the past, the courts and the legal fraternity used the terms custody and access. This was reflected in divorce papers. Now legal documents use the terms care and contact although some might disagree, it is respectfully submitted that custody is an aspect of care and the Children’s act provides broader responsibilities and rights in this regard.

Meaning of Care in the Children’s Act

The Children’s Act 38 of 2005 defines care as follows: Care in relation to a child, includes, where appropriate- (a) Within available means, providing the child with- (i) a suitable place to live; (ii) Living conditions that are conducive to the child’s health well-being and development; and (iii) The necessary financial support; (b) Safeguarding and promoting the well-being of the child; (c) protecting the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation and any other physical, emotional or moral harm or hazards; (d) respecting, protecting, promoting and securing the fulfilment of, and guarding against any infringement of, the child rights set out in the Bill of Rights and the principles set out in Chapter 2 of this Act; (e) guiding, directing and securing the child education and upbringing, including religious and cultural education and upbringing, in a manner appropriate to the child age, maturity and stage of development; guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child age, maturity and stage of development; (g) Guiding the behaviour of the child in a humane manner; (h) Maintaining a sound relationship with the child; (I) accommodating any special needs that the child may have; and (j) Generally, ensuring that the best interests of the child is the paramount Concern in all matters affecting the child;

Meaning of Contact in the Children’s Act

According to the Children’s Act 38 of 2005, contact means the following: Contact in relation to a child, means- (a) Maintaining a personal relationship with the child; and (b) If the child lives with someone else- (I) communication on a regular basis with the child in person, including- (AA) visiting the child; or (Bb) being visited by the child; or (ii) Communication on a regular basis with the child in any other manner, Including- (AA) through the post; or (Bb) by telephone or any other form of electronic communication; It is my view that the Children’s Act 38 of 2005 attempts to place greater value to contact between parent and child. There are many sections in the Children’s Act 38 of 2005 that deals with parental responsibilities and rights of parents and children. Get hold of the Act and see how it applies to you. If you are an unmarried father and your rights are being limited by the mother of the child, I advise you to contact a family legal practitioner and discuss your rights with him or her. And to all unmarried fathers out there, fight for your rights as a father, this would be in the child’s best interest.

Sharing is Caring

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws