Drawing up an antenuptial contract isn’t about greed; it’s about ANC, you will be married out of community of property with accrual, unless the. This matrimonial property regime involves an antenuptial contract (i.e. an agreement entered into before the marriage) where community of property and profit. Marriage Out Community of Property with the Inclusion of the Accrual . Onine Trusts ​Online Antenuptial Contracts · Online Wills ​Online Legal Services.

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When drafting the Ante Nuptial Contract, the parties can each decide to exclude certain assets.

Benefits of an Antenuptial Contract – GS Law

US citizens getting married in South Africa – What you need to know When marrying accruak foreigner in South Africa, there are various legal requirements which must be met in order for the marriage to take place. The net worth of these assets may also be declared in a written statement before the marriage or within six months of it taking place. He is also the Family Law expert on Health The consumer antenuptlal index is taken into account and an allowance is made for factors which could affect the difference in the value at the start and end of the marriage such as the inflation rate.

Thus neither spouse will be affected by the debts or liabilities of the other.

Book a Free Consultation. Then subtract the adjustment for inflation on antenuptila value of R 10, Any damages awarded to either spouse for defamation or contrcat pain and suffering; Any inheritances, legacies or gifts that either spouse has received during the marriage, unless the parties have agreed in their antenuptial contract to include these or the donor has stipulated their inclusion; A donation made by one spouse to the other. Any damages that are awarded to either spouse as a result of defamation or for pain and suffering; Inheritances, legacies or gifts that have been received by either spouse during the marriage, unless the parties have agreed in their Antenuptial Contract to include these or the donor stipulated that the other spouse should be included as a beneficiary of such; Donations made by one spouse to the other.


If dissolved as a result of death, then the accrual claim has to be paid before a will or intestate succession can come accrual effect.

If the marriage occurred after 1 Novemberthe contract had to specifically exclude the system of accrual. He has a deep passion for matters involving children. A consultation should be arranged with the Notary an woth with the additional qualification of a Notary Public prior to the marriage being solemnized. Post was not sent – check your email addresses!


The advantages of such a marital regime include the protection of each spouse’s assets from the creditors of the other spouse. This is partly due to a lack of the obligations and protection that a marriage contract automatically provides. There is no provision for any sharing whatsoever.

There is substantial protection in our law for spouses married according to an Antenuptial contract which protection is not afforded to people married in Community of Property. In practical terms this amounts to a similar division to a marriage in community of property. It is a contract entered into by two people, prior to their marriage, in which they stipulate the terms and conditions for the exclusion of the community acdrual property between them.

Marriage out of community of property with accrual

The accrual system is a form of sharing of the assets that are built up during the marriage. However, they will share the assets they acquire from the start of the marriage. Atenuptial spouses need to specifically mention that they wish for exclusion of the accrual system in their antenuptial contract in order for it to be excluded.

To find out more, including how to control cookies, see here: Upon death or divorce, each spouse keeps control over their own assets. Most of these terms and conditions relate to the division of assets should the marriage be dissolved due to either death or divorce.

Get your Antenuptial Contract Here Everything you wanted to know about Antenuptial Contracts and an easy form to complete.

Antenuptial contracts remove the risk in regard to all the spouses combined assets, should one of the spouses undertake a business venture, allowing for the protection zccrual assets from creditors; Each spouse is able to retain his or her individual financial identity. Where one party stays at home to raise children and does not contribute financially towards the marriage and the other spouse works and accumulates assets, the former may find herself with nothing and no claim to the assets of the latter.


It is hereby certified that a R Should the debts of either spouse at the time of the marriage be greater than the value of the property of his or her property then the net value of the partner at the start of the marriage is nil. The Antenuptial must be registered in the Deeds Registry within qccrual months of the date of the marriage.

By continuing to use this website, you agree to their use. If the estate of the first dying spouse has a greater accrual, the surviving spouse would have a claim against the deceased estate.

This is not counted as part of either giver or receivers estate, and the giver is not allowed to try and recover the donated part nor does the receiver have the right to return any part of it.

Assets which are not properly described can cause huge problems when the executor or the divorce attorney tries to decide what to do with it in calculating the net accrual value. Contracts Concerning Love – Cohabitation agreements Living together unmarried has definite implications that ensure you need to plan your financial partnership very carefully.

Antenuptial Contracts with Accrual

His clients include celebrities, actors and actresses, sportsmen and sportswomen, television presenters and various high net worth individuals as well as ordinary people. The underlying philosophy in respect of the accrual system is that each party is entitled to take out the asset antenupptial that he or she brought into the marriage, and then they share what they have built up together.

The Antenuptial contract may also include a variety of terms and conditions, usually relating to the division of assets in the event of death or divorce.