Our Lawyer Legal Services – South Africa

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Our Lawyer Legal Services – South Africa

Make sure you have the right lawyers on your side. Contact Our Lawyer (Pty) Ltd for all your legal needs. To connect, click here.

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Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts

Do you have any specific question on pre-nuptial or ante-nuptial contracts  similar to that below? If yes, feel free to post it below. We will try to answer them for you as best we can.

How does a pre-nuptial contract work?

A pre-nuptial or ante-nuptial contract is an agreement an unmarried couple enters into before they get married. I deals with the proprietary aspects of their marriage and other related issues. For example, it would deal with what matrimonial property regime applies to the marriage. For example, whether they will be be married “In Community of Property and Profit and Loss”, or “Our of Community of Property and Loss”with our without the Accrual Regime. In an Ante-nuptial contract mention can also be made of what assets are excluded from the joint estate etc. Below are some questions that people have  in relation to to ante-nuptial contracts. The Pre-nuptial agreement is executed, or signed before a Notary Public who then registers the document at the office of the Registrar of Deeds. In this way, the information in the Ante-Nuptial Contract becomes public.

How many years is a prenuptial agreement good for?

For the entire duration of the marriage.

What is a prenuptial agreement in marriage?

It is an agreement a couple enters into before the marriage.

How long should you wait to get married after signing a prenup?

You can get married the next day.

Can you get a prenup after you get married?

No. You should then enter into a postnuptial contract. You need to consent of the high court for that.

Can a prenuptial agreement be overturned?

Yes, if it was fraudulently done.

How much does it cost to get a prenuptial agreement?

Different places have different costs.

Can a will override a prenup?

No it cannot.

What good is a prenup?

One that is well written with no ambiguity.

What are ante-nuptials?

Agreements before the marriage.

Can you do a prenuptial agreement after marriage?

No. You should then enter into a postnuptial contract. You need to consent of the high court for that.

Can a prenuptial agreement be voided?

Yes it can, if there was fraud involved.

How long does it take to draw up a prenuptial agreement?

A good lawyer should take less than an hour for a basic one. A complicated one could take much longer.

Can you get a prenup for future assets?

Yes you can.

Can a prenup protect future inheritance?

Yes it can.

Is my husband entitled to half my inheritance?

It depends what the will of the person says.

How much money can you inherit before you have to pay taxes?

You need to speak to an accountant for that.

Can you get a postnuptial agreement?

Yes, but you need the High Court’s Consent before you can register it.

How do you get a prenuptial agreement?

You should see a lawyer.

Are post NUPS legal in South Africa?

Yes, it is.

Are postnuptial agreements valid in Cape Town?

Yes it is. You need the High Court’s Consent.

What does a postnuptial agreement mean?

An agreement, the same and an antenuptial agreement, but entered into after the marriage.

What is a marital agreement?

 

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Child Maintenance / Support Questions and Answers

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Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, 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 Child Maintenance / Support, 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 Child Maintenance / Support.
Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates' Court? Click here.

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 Child Maintenance / Support. 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 Child Maintenance / Support. If not, feel free to arrange a consultation with us.

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