ANC with Accrual | Drafting & Registering Marriage Contracts
The ANC with accrual (antenputial contract with accrual) marital regime is often considered to be the fairest, in a scenario where one spouse suspends his or her career for a number of years to focus on bringing up the children; it ensures that the spouse who is not earning still shares in the increase in the size of the joint estate.
Family, Estate & notarial legal services
Family lawyer can draft ANC with accrual
A family lawyer can help you with the drafting and registering of an Antenuptial Contract with the application of accrual (email lawyer@capetownlawyer.co.za for a quote).
Documents & info required
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.
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 dont 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.
Cost of setting up an ANC with accrual
The costs for a striaghtforward ANC with accrual are about R4k.
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?
Ask legal questions about getting married here. This is a public area.
