More About Antenuptial Contracts
So you’ve decided on the dress, the venue and the floral arrangements… but have you decided on the legal consequences
of your intended marriage?
Hough Bremner Inc has the legal know how and skills to assist in the drafting and registration of your Antenuptial Contract.
When wrapped up in the excitement of planning a beautiful wedding and the future together, it is safe to assume that legal matters such as a marriage contract will not exactly be your top priority. Couples are often reluctant to discuss the issue of an antenuptial contract (ANC) because they fear that talking about the possibility of divorce even before the marriage will spoil the air of love.
It is in the best interest of both intended spouses to discuss this issue timeously to ensure that they both get what they want as far as their collective financial future is concerned. The contract serves to clarify, formalise & give legal force to the intentions of the couple.
In order to ensure that your contract is drawn up and registered with the Deeds Office prior to the wedding date, it is important that you and your fiancé/fiancée consult an attorney at least three months before the wedding date.
Antenuptial Contract FAQ’s
What is an ante-nuptial contract (ANC)?
An antenuptial contract is a legal agreement signed by a couple before they get married. The primary purpose of an ANC is to specify the financial rights and responsibilities of each party during the marriage and, more importantly, how assets will be divided if the marriage ends, either by divorce or death.
What are the different marital regimes in South Africa
- Marriage In Community of Property (no Antenuptial contract).
- Marriage Out of Community of Property without Accrual (Antenuptial Contract needed).
- Marriage Out of Community of Property with Accrual (Antenuptial Contract needed).
What does ‘In Community of Property’ mean?
In the absence of a legal ANC, a marriage will automatically be In Community of Property, which means that all assets and liabilities acquired before and during the marriage are shared equally between the parties.
What does ‘Out of Community of Property with Accrual’ involve?
This regime allows spouses to keep individual assets acquired before marriage separate but share the growth or accumulation of assets during the marriage, providing a balance of independence and fair sharing.
What does “Out of Community of Property without the Accrual” involve?
This type of contract means that each partner retains their own assets and liabilities both during and after the marriage. This setup is akin to saying, “What’s mine is mine, and what’s yours is yours.”
How do I start the process of getting an ANC with Hough Bremner Inc?
Contact our office at 013 752 3177 to schedule a consultation. We will guide you through choosing the right marital regime, drafting the contract, and handling legal registration.
How much does it cost to draft and register an ANC with Hough Bremner Inc?
The cost of drafting and registering an ANC can vary depending on the complexity of the ANC. Kindly contact our office for a quotation.