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Julies Attorneys Inc. is a full-service boutique law firm with offices in Johannesburg and Cape Town.

ANTENUPTIAL CONTRACT LAWYERS IN CAPE TOWN AND JOHANNESBURG

– Faster and more cost effective legal support with divorce matters –

ANTENUPTIAL CONTRACTS IN SOUTH AFRICA

An antenuptial contract arranges a property system between spouses. It is concluded between two unmarried persons before their intended marriage. A notary executes an antenuptial agreement, and it is registered in the Deeds Office. Should the parties fail to marry one another, then the antenuptial contract will not take effect. Should the parties get married and not sign an antenuptial contract before the marriage, they are married in community of property.

WHAT IS THE PURPOSE OF AN ANTENUPTIAL CONTRACT?

The purpose of an antenuptial contract is to exclude the community of property between the spouses. The parties can then freely decide in the antenuptial agreement how they will arrange the ownership of other assets in relation to the other spouse. An antenuptial contract should provide for life changes such as children, death, and divorce, as well as provide for estate planning. The parties will also decide whether to include or exclude the accrual system from the marriage. Therefore, the antenuptial contract must be discussed with a duly registered notary public, as a notary is a specialist in the different options available to parties when making property arrangements that will impact the rest of their lives.

ANTENUPTIAL CONTRACT

WHAT IS EXCLUDED FROM THE ACCRUAL SYSTEM?

Unless the parties specifically contract to include these items, the Matrimonial Property Act 88 of 1984 already excludes the following items from the accrual calculation:

  1. Damages received for non-patrimonial loss, such as damages for bodily injuries.
  2. Assets expressly excluded from the accrual in the antenuptial contract.
  3. Inheritances, legacies and donations received from third parties.
  4. Donations between the spouses, other than a donation mortis causa.

PROVISIONS IN AN ANTENUPTIAL CONTRACT

Parties can also exclude the community of profit and loss from their antenuptial contract, and this will mean that the marriage will be completely out of community of property. If parties include the accrual system, they can still exclude certain assets from the operation of the accrual system, such as assets bought before the marriage, shares, pensions, annuities, insurance policies and more.

ANTENUPTIAL CONTRACT

PRENUPTIAL CONTRACTS AND ANTENUPTIAL CONTRACTS.

CONTACT THE ANTENUPTIAL CONTRACT LAWYERS AT JULIES ATTORNEYS FOR ADVICE AND OPTIONS.

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