Marriage Contract Choices


Must be done before getting Married

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

Out 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.

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

Out 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

Marry without entering into Antenuptial Contract. Share in assets and liabilities before and after marriage. If you do not enter into an Antenuptial Contract prior to your marriage, you will automatically be married in community of property in terms of South African Law. Both parties’ individual estates will be combined into one jointly owned estate by the marriage. This means that all per-marital assets, debt and liabilities are all pooled into one estate once the marriage is concluded, from which point onwards, only one jointly owned estate will exist.

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Compare your Matrimonial Property Regime Options

Compare your Matrimonial Property Regime Options. You must make a choice before getting married.

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Handy hints to discuss the delicate subject of an antenuptial contract with your intended spouse.

You owe it to yourself and your spouse to take the time to explore your options. Agreeing beforehand on these matters will put your marriage on a more sound footing. It's hard to talk about marriage as if it were "business," but when it comes to creating a prenuptial agreement, that's precisely the approach you should take. A prenuptial agreement isn't an exit strategy or evidence of a lack of faith in the relationship. It merely is legal protection against the future risk you may be exposed to.

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Online Application Form Antenuptial Contract

Complete the online form as thoroughly as possible and submit. We will supply you with an pro forma contract within 24 hours. This document can be used as a discussion document and can be changed by us to suit your needs. Once satisfied sign the contract and return to us by hand, Postnet or Courier.

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