All-inclusive fee for consult, draft & registration. Standard out of Community of Property without accrual.
Only Valid for October & November 2024
Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
Antenuptial Contracts and Partnership Agreements are one of the most important factors in our lives. Without them, we can end up with nothing to show for a long-married or partnership life. South African Law gives us the choice of marrying in or out of community of property or out of community of property with accrual. When you choose to get married without an antenuptial contract, the reality is that you are married in community of property. There are risks involved when marrying without an antenuptial contract for all parties. Whatever contract or agreement you choose to enter, it is of utmost importance that you trust the attorney you engage, we at Scholtz Family Attorneys in Roodepoort are the experts to guide you along this journey.
It is of utmost importance that you consider your future assets and finances. An antenuptial contract or a partnership / cohabitation agreement is the cornerstone of your successful union.
When you get married without signing an antenuptial contract before the actual marriage, you will automatically be married in community of property. You and your spouse will have one estate and will be liable for the debts and liabilities or share in all proceeds of this estate
This means that all your assets will automatically be shared the moment you marry in community of property, it might not be ideal for the financially stronger spouse. You are jointly liable for each other’s debt in the case of insolvency. Whichever way you look at this scenario, the risks are just too great to venture into it.
We would suggest that you come and see one of our Family Law attorneys at Scholtz Attorneys to explain the pros and cons of marrying with or without a contract.
Before the marriage, the couple should visit a reputable and professional Family Law Firm, in this case, Scholtz Attorneys in Roodepoort, to discuss drawing up an Antenuptial Contract. As this contract has to be drawn up and notarised before the marriage, it will bring two estates into being and clearly state that whatever is brought into the marriage, will remain each person’s property and that the other person mentioned in the contract has no rights to the other’s estate.
This contract is not only recommended for people with assets or businesses but also for people get married who start off with no financial substance.
Accrual is a way to guarantee that both spouses in a marriage gain a fair share of the growth of the whole estate once the marriage comes to an end, either by death or divorce. For the accrual system to apply, the ANC must be drafted in a certain way. Scholtz Attorneys are well versed in drawing up a contract for our clients to form an equal partnership between them where the contract states that whatever is brought into the marriage will be included in the accrual Whatever is earned or acquired during the marriage, will be deemed part of the accrual, except for certain exclusions clearly stipulated.
As the law in South Africa does not recognise common-law marriages as being valid and as such there are no automatic legal rights for cohabitation. This means that no matter how long an unmarried couple live together, it does not translate into a default marriage.
Scholtz Attorneys are waiting to assist in drawing up an agreement between two people, same-sex couples included, who choose to live together in a relationship without getting married. This type of universal partnership has become quite common over the past years (it is estimated that close to 60% of couples live together before marriage) and it is therefore of the utmost importance for them to make arrangements with a reputable law firm to draw up the necessary agreement.
