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Antenuptial Contract Price | Getting married
The cost (at the time of writing) of setting up an antenuptial contract (ANC) was R3750 (assuming no complications). Email lawyer@capetownlawyer.co.za to get a quote and check whether this price is still valid. A family lawyer will then help you with the drafting and registering of an Antenuptial Contract.
Quote for Family Lawyer
The Antenuptial Contract must be signed before a Notary before the marriage. It could also be done by a power of Attorney if necessary (this would mean that the couple don't need to come in to the notary's office, they could just nominate someone in the notary's office by a power of attorney to sign before the notary). Once signed the letter for the Marriage Officer will be provided. The Antenuptial Contract is then lodged at the Deeds Office for registration.
Accrual system
Have you agreed on whether or not you would like the accrual system to apply to your marriage? Basically the options are : -
- Antenuptial Contract with the exclusion of the Accrual System. Each party has an independent estate. On dissolution of the marriage each party retains their separate estate.
- Antenuptial Contract with the Application of the Accrual System.During the subsistence of the marriage each party will have an independent estate. On dissolution of the marriage both parties share equally in the assets accrued during the marriage.
If you would like the accrual system to apply the following information will also be required:
1. Details as to the nett value of each of your estates;
2. Details as to any assets which either of you wish to be exclude from the accrual calculation.”
Documents & info required to draft ANC
In order to proceed with the drafting of the Antenuptial Contract the following are needed:
- Copies of extracts of your Identity Documents;
- Copies of your Utility Bills reflecting your residential address;
- Details as to the nett value of each of your estates;
- Details as to any assets which either you wish to be exclude from the accrual calculation.
Pros and Cons of Various Matrimonial Property Systems
- Marriages in Community of Property:
- No need for an antenuptial contract, as this system is automatically applied by law.
- Both spouses are entitled to an equal share of the estate's accrual.
- Creditworthiness is shared between spouses throughout the marriage.
- Assets acquired before marriage must be equally shared.
- Joint liability exposes both spouses to each other's creditors, potentially leading to financial complications.
- Limited protection against each other's delictual liabilities.
- Recovery of damages from each other or their insurers is generally not possible, except in narrow circumstances.
- Administration of the joint estate can be complex, particularly in cases of marital discord.
- Liquidity issues may arise upon the death of one spouse.
- The Accrual System:
- Offers complete separation of spouses' estates during marriage.
- Simplified administration of each spouse's estate.
- Spouses can freely contract with each other.
- Not liable for each other's delicts or fines.
- Delictual liability exists between spouses, allowing for insurance claims.
- Protection of each spouse's estate from the other's creditors, except in cases of insolvency.
- Only the accrual during marriage is shared, not pre-marital assets.
- Creditworthiness remains separate, potentially impacting non-working spouses.
- Division of accrual upon divorce can be complex.
- Requires execution of an antenuptial contract for applicability.
- Marriage Out of Community of Property and Community of Profit and Loss without the Accrual System:
- No legal entitlement to share in each other's estate growth.
- Separation of estates can benefit parties with significant individual assets.
- Spouses maintain their pre-marital patrimonial positions.
- Each spouse retains their separate estate and post-marital acquisitions.
- Full capacity for individual contract entry without spousal involvement.
- Freedom for spouses to contract with each other.
- Not liable for each other's debts; each spouse is individually bound in contracts.
Other related writeups
Marriage
Drating & registering an ANC with accrual.
Psychological issues
Marriage counselling to avoid divorce
Child-related divorce matters
Can a "band-aid baby" save a marriage?
Annexure A
If there are minor children involved, the divorce summons must have an Annexure A attached to it.
Custody of children upon divorce
Jurisdiction in child custody matter (e.g. if child moved to another province)
Joint decisions with respect to minor children
Using Rule 43 to apply for interim custody entitlement
Child custody for the father
Custody granted to unmarried father
When a child won't see his/her father or mother
An unborn child when divorcing
Grandparents & divorce
When Grandparents want custody ahead of parents
Challenging the family advocate report
Child custody post divorce
Application to terminate your ex's parental rights
Maintenance for children
Child maintenance to what age?
Maintenance & proof of paternity
Maintenance & custody of adopted children
Maintenance for the unborn child
Token or minimal maintenance when parent doesn't work
Maintenance for children over 18
Children suing for maintenance
Arrest after failing to pay maintenance
Abduction & kidnapping of children
Abduction of a minor - Latest case law
The kidnapping of minor children by a parent
The international abduction of children from South Africa.
International divorces, children & overseas issues
Divorce when the children & spouse are overseas
Child contact rights for an overseas parent
When your child and ex move overseas - keeping contact
Other child-divorce matters
Handicapped children & the divorce rate
National register of those unsuited to working with children
Affairs
Affairs and their impact on divorce settlements.
Assets/debt and divorce
The duty to disclose your financials when divorcing.
Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)
Division of the joint estate in the event of a divorce.
- Antenuptial contracts
- When parties cannot agree on the accrual calculation; the court may appointment a referee to assist with the accrual calculation
- When parties cannot decide how to divvy the assets : The court may nominate someone to collect, realise and divide the estate (called a liquidator, receiver or curator).
- How affairs impact the division of assets on divorce
Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Divorce and pension fund payouts
Get your info directly from spouse's pension fund, not indirectly from your spouse.
Undisclosed Pension Interest at divorce results in amendment to divorce order
Pension interest in the accrual calculation, and the related tax liability
State pension fund is unconstitutional
Navy pension payout post-divorce
Property and divorce
Be careful with how you word the clauses about selling the property upon divorce
Should you move out of the matrimonial house prior to divorce?
Property in your spouse's name
When parents have rights to stay at the property you want to sell on divorce.
Life insurance, death & divorce
Life insurance & divorce in South Africa
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
- Universal partnership: Asset sharing
- The distribution of assets from the dissolution of universal partnerships
Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)
Null declaration of customary union
Divorce orders
Vary or rescind a divorce order
Change divorce order without court application
Non-compliance with a divorce order
Spangenberg & Another vs De Waal; Rule 43 order is set aside
Perjury & forgery
Divorce: Forging spouse's signature
Divorce courts
Divorce cases in the Cape High Court
Annulment instead of divorce
What is annulment of a marriage?
What are the grounds for annulment of a marriage?
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