Register Antenuptial Contract Online Process - R950 All Inc

Getting Married?

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 a 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.

With Accual

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.

Should you choose this option as your marital regime, you will have to decide whether the accrual system should be applied or not. Under both options of married out of community of property (with or without the accrual system), one spouse's creditors cannot hold the other spouse responsible for debt repayment, in direct contrast to the case where the parties are married in community of property.

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.

The underlying philosophy in respect of the accrual system is that each party is entitled to take out the asset value that he or she brought into the marriage, and then share what they have built up together. It is however possible to draft the Antenuptial Contract in such a way that the parties share both their pre-marital and post-marital assets on a 50/50 basis, just as if they were married in community of property, but without incurring liability for each other’s debt.

Best suited for younger couples. Especially where one of the spouses has his/her own business.

 

Without Accrual

'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.

Should you choose this option as your marital regime, you will have to decide whether the accrual system should be applied or not. Under both options of married out of community of property (with or without the accrual system), one spouse's creditors cannot hold the other spouse responsible for debt repayment, in direct contrast to the case where the parties are married in community of property.

Without Accrual the parties specifically declare that the Accrual system as set out in the Matrimonial Property Act will not be applicable to their marriage and will specifically be excluded.

Each spouse retains his/her own assets and own accrual – no sharing unless Antenuptial contract compels donations or court orders transfer of assets.

In the case of death or divorce, a spouse is entitled only to those assets accrued in his/her name.

Should one of the spouses stay at home to raise children, that partner would not be entitled to the assets accumulated by the other partner.

 

In second marriages, marriages where the parties already have children , where both parties have already amassed a sizeable estate or in so called marriages of convenience it simplifies matters drastically.

 

In Community of Property

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. Both parties will be jointly liable for debt-repayment towards their combined creditors, irrespective whom incurred the debt.

This means that if one of the parties behaves in a financial irresponsible way, the other party will also suffer because of it. Also the parties will be exposed to the business risks of the other party and will in practice not have freedom to trade.

'In community of property' means that everything each party had prior to the marriage, assets as well as liabilities, are pooled into one single jointly owned estate, once the parties marry. From this point onwards everything they earn or buy will also form part of this jointly owned estate. This also pertains to any debt or liabilities either one of them incur during the marriage. Should one spouse be reckless with his or her financial affairs, it will adversely affect the other spouse, as they are both totally liable for the debts of their jointly owned estate. As both parties are joint owners of all property in their jointly owned estate, both parties have equal rights of ownership and administration over all the assets.

Once married in community of property, there will be various transactions that require the consent of both parties. The most prejudicial consequence of marrying in community of property, is that assets in the joint estate will always be vulnerable to the claims of creditors of both spouses.

This marital regime is definitely not recommended for spouses running their own independent businesses as premarital and post-marital liabilities will become communal, thereby endangering the good standing of not just one, but both spouses.

Our Process - Get Started

Get Started.

Louwrens Koen Attorneys registers hundreds of antenuptial contracts every year. You have numerous ways to get started. If at any time during the process you have questions do not hesitate to contact with us. We pride ourselves in being very approachable.

About Louwrens Koen Attorneys

Online Application

Click Here to apply online. 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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PDF Application

Click Here to download PDF application for. Complete as thoroughly as possible. 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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E-Mail Application

This email address is being protected from spambots. You need JavaScript enabled to view it.l setting out your specific needs, questions and requirements. Annelle Van Den Berg . 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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Visit or Office

Visit our office at 311 Eastwood Street, Arcadia, Pretoria to discuss your specific needs,  requirements or questions. We pride ourselves in being very approachable and will take the time necessary to assist you to make an informed decision.

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Why use us?

Why us us to register your contract

Louwrens Koen Attorneys have assisted thousands of couples over the years to register an Antentenuptial Contract. Being a long established provider of this specialised service in South-Africa shows our commitment to our clients. We believe this commitment has resulted in our longevity and success.

Easy to use

Using our application processes is easy and convenient. Getting time of at work to sit in attorneys offices is difficult, especially if there is so many other things to arrange before the wedding.

Customer Friendly

We understand the decision and registration process can be confusing and stressful. We strive to be a process friendly company, clarifying uncertainties for you. If unsure ask and ask again. We will take time to assist you to decide and guide you through the process.

Experienced and cost effective

We have literally assisted thousands of clients over the years with their antenuptial contract registration needs at an affordable rate.

Registration Costs - Ours costs to register antenuptial contract

Antenuptial Contract Misconceptions

How to breach the subject?

Address:

311 Eastwood Street, Arcadia, Pretoria

Tel:+27(0)87 0010 733

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  • In Community of Property
  • Out of Community of Property With Accrual
  • Out of Community of Property Without Accrual
  • Marriage is a life event - What other matter should I consider?