I need the best lawyer for my legal case – Advocate Muhammad Abduroaf 

Posted on by Telelaw

I need the best lawyer for my legal case – Advocate Muhammad Abduroaf 

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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

How do you know if a Lawyer is good?

When it comes to choosing a good Attorney or legal expert, the layperson can fall into a big trap. This is not necessary due to ignorance – anyone can be fooled. Knowing this full well, we decided that this piece could help you determine whether a particular legal expert is capable of dealing with your legal matter. It is interesting to note that we often get questions such as:
  • Is your legal expert experienced?
  • How long has your legal expert been in the game?
  • What are his legal expertise?
  • What kind of law does your legal consultancy specialise in…and so forth
What is great is that our law offices can truly boast a professional legal expert who will be on board to guide you through your legal consultations. For more on the experiences and expertise of our legal expert, see the following free, expert legal advice articles in the following categories: Child Maintenance
  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case
Child Custody
  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Does any of these topics interest you? Make an online appointment with us today and consult with a legal expert.

Attorney and Advocate – the difference?

Believe it or not, but there is a major difference between the two professions – though both experts have the law in common. We are very much aware of the confusion so feel free to see our Advocate of the High Court page as well as our Lawyers, Attorneys, Advocates, Legal Practitioners explained page. Feel free to call our friendly receptionist to make an online appointment with us today and consult with a legal expert.

Find a specialized expert

Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street. We are legal experts in family law whereby we offer a range of family law legal services. These are:   Make an online appointment with us today and consult with a legal expert.      
Posted on by Telelaw

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