If you have made the big decision to get married, you are quickly realizing that there are many decisions that need to be made. Other than the dress, wedding and reception, there is also a key legal decision that you should make with your fiancé – whether or not you need an antenuptial agreement. As your decision will affect your legal status, contractual freedom and risk profile it is important to carefully explore your matrimonial regime options before getting married. On this website, you will find many informative articles to assist with your decision. Louwrens Koen Attorneys will gladly assist should you need to discuss your specific circumstances.
Out community of property means that the parties involved entered into a contract, a written agreement Notarised by a Notary Public prior to the marriage in terms of which each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses. If during the marriage, one spouse is declared insolvent, the other property is protected from the insolvent spouse's creditors, subject to Section 21 of the Insolvency Act.
This form of marital property regime is referred to as the default option as no antenuptial contract needs to be signed. In the absence of an antenuptial contract, the couple will be deemed to be married in community of property which may not be the ideal system to be married under. One of the greatest disadvantages of this marital regime is that the couple remains jointly liable for each other’s debt and current business risk, including debt that was incurred before the marriage. In a community of property marriage, one spouse has the capacity to bind the joint estate through their actions which can have devastating effects especially in the case of insolvency. If one spouse is unable to pay their debts, their creditors have a claim to the joint estate which can lead to both spouses being declared insolvent.
Complete and Submit our Online Form. Make use of the upload facility built into the form to send us copies of your identity documents and proof of residence. We will immediately acknowledge receipt of your submission. Sit back and relax. We will supply you with a pro forma antenuptial contract with detailed instructions on how to proceed in 24 hours or less.
Print out the document and sign. Send the original back to us via Postnet or Courier or drop it off at our offices. On receipt of your contract we will immediately supply you with a PDF Certificate issued by the Notary Public, which certificate you must hand over to the Marriage Officer. We will proceed to lodge the contract in the Office of The Registrar of Deeds ...
Submit Online Antenuptial Contract Application and receive your pro forma antenuptial contract within 24 hours or less. Our handy document upload facilty can be used to simultaneously send us copies of the parties ID's. We have assisted thousands of couples over the last ten years using this effective value for money process. Your data will be kept absolutely private. Do not hesitate to contact with us should you have any questions.