If you have made the big decision to get married, you are quickly realizing that there are many decisions that need to be made. Other than the dress, wedding and reception, there is also a key legal decision that you should make with your fiancé – whether or not you need an antenuptial agreement. As your decision will affect your legal status, contractual freedom and risk profile it is important to carefully explore your matrimonial regime options before getting married. On this website, you will find many informative articles to assist with your decision. Louwrens Koen Attorneys will gladly assist should you need to discuss your specific circumstances.

Why you should consider an antenuptial contract?

When two persons that are about to be married enter into an Antenuptial Contract their marriage will be out of community of property. The most common consequences of a marriage out of community of property are as follows:
  • The parties will not be held liable for the debts of a spouse that such spouse may have incurred prior to the marriage; 
  • The parties will not be held liable for the debts of a spouse that such spouse may incur during the marriage;
  • Assets may be protected, particularly if one of the spouses has a business in his or her own name. The parties may decide to register assets such as their residential property in the name of only one spouse, being the spouse with the lowest risk profile. The assets of each spouse will also be safe in the event that the other spouse is sequestrated; 
  • One or both spouses may have assets prior to the marriage that they want to exclude from the joint estate;
  • Spouses may enter into commercial transactions without the consent of their spouse;
  • Each spouse retains control over his or her assets, builds his or her own estate and is responsible for his or her own debts.
Using our efficient online application form Louwrens Koen Attorneys have litterally assisted assisted thousands of couples over the last ten years. We pride ourselves in being approachable. Do not hesitate to contact us with your questions or schedule a free consultation. Louwrens Koen Attorneys

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With Accrual - Marriage out of community of property with the accrual system included explained

The accrual system is applicable to all marriages out of community of property, unless the prospective spouses specifically exclude the accrual system in their contract. 'Accrual' means increase and the accrual system is a form of sharing the assets that are built up during the marriage.

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Without Accrual - Marriage out of Community of Property without application of the Accrual system

ut community of property' means that the parties involved entered into a contract, a written agreement Notarised by a Notary Public prior to the marriage in terms of which each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses. If during the marriage, one spouse is declared insolvent, the others property is protected from the insolvent spouse's creditors, subject to Section 21 of the Insolvency Act.

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In Community of Property - Marriage in Community of Property Explained

Marriage in Community of Property Explained.All assets, debt and liabilities are all pooled into one estate once the marriage is concluded, from which point onward, only one jointly owned estate will exist.

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