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 .
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- How to Change your Matrimonial Property Regime
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- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
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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.
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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:
- Child Maintenance
- Ante-nuptial Contact
- Change Matrimonial Property Regime
- Child Adoption
- Child Custody and Access
- Domestic Violence Protection
- Family Trust Registration
- Fast Unopposed Divorces
- Non-Compliance with maintenance orders
- Parenting Plans
- Postnuptial Contract Registration
- Pre-nikkah Agreement
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!