What is an Antenuptial Agreement?
An Antenuptial agreement is a written contract, sometimes also referred to Prenuptial agreement, between two people who are about to get married, setting out the terms of their assets, treatment of future earnings and assets and potential division if the marriage is later dissolved either via divorce or death.
If a couple gets married without any antenuptial contract it means that you are married into Community of Property by default. This means all the liabilities and assets are seen as one estate.
An Antenuptial Agreement is an Agreement that is entered into by both parties that will determine the Matrimonial System applicable to the Marriage. This agreement is signed by both parties, two witnesses and a Notary and is registered in the Deeds Office.
In South Africa there
DRAFTING OF THE CONTRACT:
We would like to consult with you in regards to the various regimes to provide you with advice on which regime will be the best for your personal circumstances. Should you not be able to consult with us, we will also be able to provide assistance. We kindly refer you to our Application form that can be submitted to our office.
Our office will prepare the Antenuptial Agreement for you as well as a Power of Attorney in terms where we will sign your agreement on your behalf before the Notary.
An Antenuptial Agreement needs to be signed by both parties and a Notary before the date when the parties enter into the Marriage. Should the parties not sign an Antenuptial Agreement the Parties will automatically be Married In Community of Property.
An Antenuptial Agreement is important as your Matrimonial System has an effect on the administration of the Estate when you have passed away as well as with a divorce.