Antenuptial Contract Explained - Easy Online Registration Process -Louwrens Koen Attorneys

Marriage in Community of Property

Marriage in Community of Property

When the parties do not enter into an antenuptial contract prior to marriage they will be automatically married in community of property. The property, assets and liabilities belonging to both parties at the time of marriage or acquired any time thereafter become part of the joint estate. The parties own the assets and liabilities in equal undivided shares and they are joint administrators of the joint estate. The parties in certain circumstances may however own separate property which will not form part of the joint estate for example donations and inheritances where the testator or donor expressly excluded from the joint estate. This exclusion of ownership is only valid between the parties and not against creditors of the joint estate and is thus attachable.

Read more

Marriage out of community of property with application of the accrual system

Marriage out of community of property with application of the accrual system

In most cases the accrual system is, perhaps, the fairest marriage system for the majority of couples. In terms of this regime, both spouses have separate estates during the subsistence of the marriage and do not share each others profits or losses during the marriage. This system has all the advantages of the protection afforded to marriages concluded out of community of property, but it also incorporates the ethic of sharing, which is the basis of an in community of property marriage. In other words, while neither spouse will be liable for the other spouse’s debts, the parties will, however, share what they have acquired during the subsistence of the marriage. This sharing only occurs upon dissolution of the marriage. This regime of marriage allows for very imaginative and flexible estate planning.

Read more

Marriage out of Community of Property Without Accrual

Marriage out of Community of Property Without Accrual

Out of community of property marriages excluding the accrual system, are marriages where the spouses have contracted whatever property belongs to each spouse at the date of marriage is held separately by that spouse throughout the marriage (referred to as “exclusion of community of property”). Each spouse controls his/her own estate exclusively, without interference from the other spouse, although each has a duty to contribute to the household necessaries according to his/her means.

Read more

Register Antenuptial Contract - Get Started

Register Antenuptial Contract - Get Started

Application to register an antenuptial contract must be completed and sent to our offices. After receipt of the completed information a pro forma contract will be drafted and forwarded to you within 24 hours. Peruse, scrutinize and discuss the contract. We will gladly assist both parties are completely satisfied as to the format and contents. Once satisfied the parties will need to print and sign the contract in front of two competent witnesses. The original signed contract, together with certified copies of your identity documents and proof of residential address must be returned to our offices, either by hand or postnet or courier. After receipt of the original signed contract we will immediately you with the notarial certificate, signed by the Notary, for use by your Marriage Officer. We will then prepare and lodge the contract in the Deeds Office. The registration process can take up to 10 working days in the Deeds Office. After registration the contract stays in the Deeds Office for a period of approx.1-3 months whilst it is being scanned and the data pertaining to the contract is captured on their database. After receipt back from the Deeds Office, we will scan and email the registered contract to yourself, with request to confirm the delivery option. We will send a invoice for our registration costs together with the pro forma invoice. Payment can be made by cash, credit or debit card EFT or SWIFT.
Getting Married?. Remember to change your will! Failing to do so may have serious future consequences.

Getting Married?. Remember to change your will! Failing to do so may have serious future consequences.

Already have children? . Consider the registration of a family trust.

Already have children? . Consider the registration of a family trust.

About Louwrens Koen Attorneys. Why use us?

About Louwrens Koen Attorneys. Why use us?

Customer focused We pay attention to our clients. We are well aware that the whole antenuptial contract process may become very confusing and emotional. Our dedicated team is in constant contact with our customers to ensure peace of mind, with updates provided throughout the process. Do you want to know more about what our clients are saying? See their testimonials. Knowledgeable and experienced staff We have literally assisted thousands of clients over the years with their antenuptial contract registrations. We specialises in the registration of antenuptial contracts. Process friendly law firm We strive to be a process friendly company, clarifying and streamlining the process for you. We will take time to explain your options and take you through the process. Honesty and Integrity Our corporate philosophy of service and integrity, driven by our entrepreneurial spirit, brings a passion for assisting others in need. We believe in transparency when assisting our clients, always keeping our clients’ needs in mind.

Civil Union Act

1. DEFINITIONS

"civil union" means the voluntary union of two persons who are both 18 years of age or older, which is solemnized and registered by way of either a marriage or a civil partnership, in accordance with the procedures prescribed in this Act, to the exclusion, while it lasts, of all others:

"civil union partner" means a spouse in a marriage or a partner in a civil partnership, as the case may be, concluded in terms of this Act;

"marriage officer" means -

(a) a marriage officer ex officio or so designated by virtue of Section 2 of the Marriage Act; or (b) any minister of religion, or any person holding a responsible position in any religious denomination or organization, designated as marriage officers under Section 5 of this Act;

"Minister" means the Cabinet member responsible for the administration of Home Affairs;

 

2. OBJECTIVES OF ACT

The objectives of this Act are -

(a) to regulate the solemnisation and registration of civil unions, by way of either a marriage or

a civil partnership; and

(b) to provide for the legal consequences of the solemnisation and registration of civil unions.

 

3. RELATIONSHIPS TO WHICH THE ACT APPLIES

This Act applies to civil union partners joined in a civil union.

 

4. SOLEMNISATION OF CIVIL UNION

(1) A marriage officer may solemnize a civil union in accordance with the provisions of this Act.

(2) Subject to this Act, a marriage officer has all the powers, responsibilities and duties, as conferred upon him or her under the Marriage Act, to solemnize a civil union.


8. REQUIREMENTS FOR SOLEMNISATION AND REGISTRATION OF CIVIL UNION

(1) A person may only be a spouse or partner in one marriage or civil partnership, as the case may be, at any given time.

(2) A person in a civil union may not conclude a marriage under the Marriage Act or the Customary Marriages Act.

(3) A person who is married under the Marriage Act or the Customary Marriages Act may not register a civil union.

(4) A prospective civil union partner who has previously been married under the Marriage Act or Customary Marriages Act or registered as a spouse in a marriage or a partner in a civil partnership under this Act, must present a certified copy of the divorce order, or death certificate of the former spouse or partner, as the case may be, to the marriage officer as proof that the previous marriage or civil union has been terminated.

(5) The marriage officer may not proceed with the solemnisation and registration of the civil union unless in possession of the relevant documentation referred to in Subsection (4).

(6) A civil union may only be registered by prospective civil union partners who would, apart from the fact that they are of the same sex, not be prohibited by law from concluding a marriage under the Marriage Act or Customary Marriages Act.

12. REGISTRATION OF CIVIL UNION

(1) The prospective civil union partners must individually and in writing declare their willingness to enter into the civil union with one another by signing the prescribed document in the presence of two witnesses.

(2) The marriage officer and the two witnesses must sign the prescribed document to certify that the declaration made in terms of Section 11(2) was made in their presence.

(3) The marriage officer must issue the partners to the civil union with a registration certificate stating that they have, under this Act, entered into a marriage or a civil partnership, depending on the decision made by the parties in terms of Section 11(1).

(4) The certificate contemplated in Subsection (3) is prima facie proof that a valid civil union exists between the partners referred to in the certificate.

13. LEGAL CONSEQUENCES OF CIVIL UNION

(1) The legal consequences of a marriage contemplated in the Marriage Act apply, with such changes as may be required by the context, to a civil union.

(2) With the exception of the Marriage Act and the Customary Marriages Act, any reference to -

(a) marriage in any other law, including the common law, includes, with such changes as may be required by the context, a civil union; and

(b) husband, wife or spouse in any other law, including the common law, includes a civil union partner.

 

A discussion of the Act and its applicability to Conveyancing and Notarial Practice now follows:

 

INTRODUCTION

The Civil Unions Act No. 17 of 2006 (hereinafter referred to as the Act) published in Government Gazette No. 29441 dated 30 November 2006, came into operation on 30 November 2006 (see Section 16 of the Act).

AIM OF THE ACT

The main aim of the Act is to provide for the solemnisation of civil unions by way of marriage or civil partnership, and the legal consequences thereof as well as matters incidental thereto. A civil union is defined as being a voluntary union between two persons of the same sex or of opposite sexes, older than the age of 18 and solemnized and registered either by way of marriage or civil partnership. "Civil union partners" thus have a choice between a marriage or a civil partnership.

APPLICABILITY OF ACT

It is clear from Section 8(6) of the Act, that a "civil union" may only be registered by prospective civil union partners who are not prohibited from concluding a marriage under the Marriages Act of 1961 or the Customary Marriages Act of 1998.

 

REGISTRATION CERTIFICATE

In terms of Section 12(3) of the Act, the "marriage officer" as defined in the Act must issue to the partners a registration certificate either indicating that they entered into a marriage or a civil partnership. Such a registration certificate will serve as proof that a valid civil union exists, should such proof be required by the Deeds Registry.

MATRIMONIAL CONSEQUENCES

A civil union will have the same matrimonial and patrimonial consequences as a marriage concluded in terms of the Marriage Act of 1961. Thus, if the civil union partners refrain from entering into an antenuptial contract and having the same registered in the Deeds Registry, the civil union is one of in community of property and the provisions of the Matrimonial Property Act 88 of 1984 apply mutatis mutandis.

DISSOLUTION OF CIVIL UNIONS

Civil unions can only be terminated by the death of one of the parties or by virtue of divorce in the terms of the Divorce Act of 1979.

DESCRIPTION OF PARTIES AND DEEDS OFFICE PRACTICE

All the provisions of the Deeds Registries Act No. 47 of 1937 and the Sectional Titles Act No. 95 of 1986 can be applied to civil unions and civil union partners. The same rules applicable to persons married in community/out of community of property (marriages in terms of the Marriage Act, 1961) are applicable to partners in a civil union (i.e. vesting of property); however, where a "civil partnership" instead of a marriage, as referred to in the definition of 'civil union' in Section 1 of the Act, is registered, the parties must be described as follows:

- in instances where no antenuptial contract has been registered:

ABC

Identity Number …..

and

XYZ

Identity Number …..

partners in a civil partnership in community of property

 

- in instances where an antenuptial contract has been registered:

 

1. ABC

Identity Number …..

partner in a civil partnership out of community of property

2. XYZ

Identity Number …..

partner in a civil partnership out of community of property

 

The same rules applicable to the registration of antenuptial contracts of persons married in terms of the Marriage Act of 1961 apply to the registration of antenuptial contracts of persons married in terms of the Act; and

 

The same rules applicable to the lodgement of marriage certificates and divorce orders of persons married in terms of the Marriage Act of 1961 apply to persons married in terms of the Act.

 

AMENDMENT AND UPDATING OF EXISTING DEEDS

The provisions of Section 17(4) and 93 apply mutatis mutandis to deeds registered in the name of a civil union partner prior to conclusion of the marriage or civil partnership.

 

CHIEF REGISTRARS' CIRCULAR 1 OF 2007

This practice note must be read in conjunction with CRC 1 of 2007.

Print Email