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.

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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.

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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.

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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.

R950 all inclusive fee for the registration of antenuptial contract

Our all inclusive fees and costs :

Drafting of Antenuptial Contract

R125-00

Drafting of Power of Attorney

R135-00

Signature before a Notary

R250-00

Tending to registration at the Registrar of Deeds

R180-00

Subtotal : legal fees

R660-00

   

Disbursements: Registrar of Deeds fee

R260.00

TOTAL

R950-00

Our bank account details and payment instructions will be supplied on our invoice.

Our bank account details and payment instructions will be supplied on our invoice.

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