Getting Married?

An Antenuptial Contract is a very important legal contract. Thinking about the worst outcome when you are planning your wedding isn't easy but it is far better to know where you stand. Also, if you get married without an Antenuptial Contract you end up being married in community of property and it is very difficult to change the regime.

In this article we explore the merits of an Antenuptial Contract and the try and unpack the important elements thereof.

To Accrue or not to Accrue

The accrual system allows parties to share in the growth in their estates during the marriage. So, each party lists the commencement value of their assets on the marriage date and at the end of the marriage, they share in the growth during the period of the marriage. The regime is flexible, allowing parties to also exclude assets from the calculation of the accrual.

Build your ANC and our approved Notary will attend to signing and registration in the Deeds Office

What is yours is yours and what is your spouses is his or hers. You have separate estates and don't participate in any growth in the estate of your spouse. When the marriage ends, whether it is by divorce or death, each of the parties retains her assets.

Build your ANC and our approved Notary will attend to signing and registration in the Deeds Office
Personal Legal Documents

You cannot afford to get married without an Antenuptial Contract

Yes, we hear you. If you are all in you still want to keep your estates separate. You can still share your estates by having the same starting point. In other words, if your commencement values are the same, then any increase in value benefits both parties equally.

People often see an ANC as an opportunity by one spouse to exclude the other from any financial benefit. But this is only half of the story. The real problem is that without an ANC the parties are automatically married in community of property. In simple terms, the law sees the parties as being a single economic entity. So, if you or your spouse go into business, sign surety, or get into financial trouble, it impacts on both parties.

If you are married in community of property, expect to be inconvenienced whenever you open an account, whether it is a bank account, a retail account, a mortgage bond or even a signing up for a credit card. Because the law sees a single estate, both parties typically need to sign all legal contracts. It is a nuisance.

Not so easy. Once you are married in community of property, it will take a significant legal process to unscramble those eggs, including notice to all creditors. It is a seriously tedious and expensive process.

Call our ContractZone approved Notary for further advice

Benita Billings

Harris Billings Attorneys

011 784 1910