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Ante Nuptial Agreements

What Brides should know !

Long after the excitement of the wedding reception has been forgotten, some couples will realize that they neglected to make the single most important arrangement of all, to have an ante nuptial agreement drafted. An ante nuptial agreement, together with the correct advice, will ensure that spouses :‐

-Are in a position to protect their inheritances, businesses and other assets against the financial risks of  their spouses;

-Retain complete control over their respective estates

-Can regulate their exposure to various taxes

-Can ensure that spouses with the least growth to his/her  estate is financially protected at termination of the  marriage.

South African legislation provides for mainly three different marital regimes being, in community of property, out of community of property and out of community of property with inclusion of the accrual system.

Your Future in a Nutshell

Spouses married out of community of property will retain total control over his/her estate, can enter into agreements without his/her spouse's consent and will not be held responsible for the debts of his/her spouse even when the marriage is terminated. The spouses will simply never have any claims against their partners.

Persons married out of community of property with inclusion of the accrual system will also retain total control over his/her estate, exactly as referred to above, save that the spouses will be entitled to equal shares in the growth of each other’s estate from the date of marriage
, but will only be entitled to claim his/portion at termination of the marriage

Persons married out of community of Property (with inclusion and exclusion of the accrual system) will :-

-Be entitled to enter into any agreement without the others consent

-Shall not be liable for each others debts
-Be in total control of his/her estate

Registering an A.N.C

The first step in registering an A.N.C, would be to arrange for a consultation. Simply click on the shortcuts above to call, skype-call or email us.

Remember to bring copies of your ID's, divorce orders and a summary of your respective estate to the consultation, failing which, we may be forced to arrange for another consultation at additional costs. Your A.N.C will be drafted while you wait and signed on the same day, whereafter it will be registered with the registrar of deeds. Kindly take note that an A.N.C must be entered into before your long awaited wedding.

After registration of the A.N.C we will obtain a copy thereof from the office of the registrar of deeds and will we contact you to collect it from our offices. You should safeguard your copy as various financial institutions will require a copy thereof. In the event of your copy being lost, we can obtain a copy thereof from the Registrar of Deeds at additional costs.