Drawing up an antenuptial contract isn’t about greed; it’s about ANC, you will be married out of community of property with accrual, unless the. This matrimonial property regime involves an antenuptial contract (i.e. an agreement entered into before the marriage) where community of property and profit. Marriage Out Community of Property with the Inclusion of the Accrual . Onine Trusts ​Online Antenuptial Contracts · Online Wills ​Online Legal Services.

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Most of these terms and conditions relate to the division of assets should the marriage be dissolved due to either death or divorce.

Bertus Preller is based in Cape Town and has more than 20 years experience in most sectors of the law. There is no sharing of profits and losses. Get your Antenuptial Contract Here Everything you wanted to know about Antenuptial Contracts and an easy form to complete. The effect of excluding an asset will be that it does not feature on the asset statement at dissolution of the marriage and is completely excluded from the calculation.

However, when working out the accruals of each spouse, some property is not witn into account. US citizens getting married in South Africa – What you need to know When marrying a foreigner in South Africa, there are various legal requirements which must be met in order for the marriage witth take place.

Any damages that are awarded to either spouse as a result of defamation or for pain and suffering; Inheritances, legacies or gifts that have been received by either spouse during the marriage, unless the parties have agreed in their Antenuptial Contract to include these or the donor stipulated that the other spouse should be included as a beneficiary of such; Donations made by one spouse to the other.


The same can be said if the surviving spouse has a greater accrual, in which case the estate of the deceased spouse would have a claim against the surviving spouse. Should the debts of either spouse at the time of the marriage be greater than the value of the property of his or her property then the net value of the partner at the start of the marriage is nil. Where one party stays at home to raise children and does not contribute financially towards the marriage and the other spouse works and accumulates assets, the former may find herself with nothing and no claim to the assets of the latter.

Everything that a spouse owns at the end of the marriage is usually treated as having been acquired during the marriage if their estate is regarded as nil.



Assets which are not properly described can cause huge problems when the executor or the divorce attorney tries to decide what to do with it in calculating the net accrual value. The Antenuptial contract may also include a variety of terms and conditions, usually relating to the division of assets in the event of death or divorce. This would not be the case if the parties were married without an Antenuptial contract, and as such, be married in Community of Property.

Post was not sent – check your email addresses! During the marriage each spouse will retain his or her separate property wth would have complete freedom to deal with that property as he or she chooses. Contact us for antenuptia, antenuptial contract. Excluded from the Accrual Certain property belonging to either the husband or the wife may not be taken into account when the accruals are worked out: An Antenuptial Contract can also include any terms and conditions as long as they are not contrary acfrual public policy.

Book a Free Consultation. It is hereby certified that a R The consumer price index is taken into account and an allowance witg made for factors which could affect the difference in the value at the start and end of the marriage such as the inflation rate.

Any compensation received as a result of injury received during the marriage. There are two forms of Antenuptial accryal, those including Accrual and those excluding Accrual.

Benefits of an Antenuptial Contract – GS Law

The Antenuptial must be registered in the Deeds Registry within 3 months of the date of the marriage. Living together unmarried has definite implications that ensure you need to plan your financial partnership very carefully. Sorry, your blog cannot share posts by email.

To exclude either a specific asset, or a commencement value, or both which must be separate and not derived from the same assetcan effectively ensure that couples share only what they choose to share and keep separate any item or items, or values, which they do not believe it fair to share for example something acquired before the relationship commenced.

Each spouse retains his or her own assets and liabilities whether acquired before or during marriage. Antenuptial Contracts with Accrual and Accruwl Estates If dissolved as a result of death, then the accrual claim has to be paid before a will or intestate succession can come into effect. By continuing to use this website, you agree to their use.

How to conclude an Antenuptial Contract A consultation should be arranged with the Notary an attorney with the additional qualification of a Notary Public prior to the marriage being solemnized.

However, they will share the contrzct they acquire from the start of the marriage. This give a Subtotal of R 80, When drafting the Ante Nuptial Contract, the parties can each decide to exclude certain assets. Both spouses have full and independent contractual capacity. Accrual relates to the extent of increase of the joint wealth between spouses throughout the marriage.


Antenuptial contracts remove the risk in regard to all the spouses combined assets, should one of the spouses undertake a business venture, allowing for the protection of assets from creditors; Each spouse is acrcual to retain his or her individual financial identity. How is accrual calculated? Any damages awarded to either spouse for defamation or for pain and suffering; Any inheritances, legacies or gifts wkth either spouse has received during the marriage, unless the parties have agreed in their antenuptial contract to include these or the donor has stipulated their inclusion; A donation made by one spouse to the other.

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 they share what they have built up together.

A consultation should be arranged with the Notary an attorney with the additional qualification of a Notary Public prior to the marriage being solemnized. In order to do this, the net value at the commencement of the marriage as specified in the Antenuptial Contract is subtracted from the net value at dissolution. Upon entering into the agreement, the parties agree to exclude the system of Community of Property from their marriage. Thus neither spouse will be affected by the debts or liabilities of the other.

He is also the Family Law expert on Health Subtract anetnuptial total liabilities or debt at the dissolution of the marriage which equates to RThe estate of each party is determinable separately. Should an Antenuptial agreement be considered cast in stone or can it be varied during the course of the marriage? That for the purposes of proof of the nett value of their respective estates to be as follows: His clients include celebrities, actors and actresses, sportsmen and sportswomen, television presenters and various high net worth individuals as well as ordinary people.

In the absence of this exclusion the rules of accrual will automatically apply. Prospective spouses need to specifically mention that they wish for exclusion of the accrual system in their antenuptial contract in order for it to be excluded. If the estate of the first dying spouse has a greater accrual, the surviving spouse would have a contracy against the deceased estate.