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Louwrens Koen Attorneys - Antenuptial Contract Registration Services

Getting Married - Register Antenuptial Contreact - Easy online application process

5.0/5 rating (2 votes)
 

With Accual

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 others property is protected from the insolvent spouse's creditors, subject to Section 21 of the Insolvency Act.

Should you choose this option as your marital regime, you will have to decide whether the accrual system should be applied or not. Under both options of married out of community of property (with or without the accrual system), one spouse's creditors cannot hold the other spouse responsible for debt repayment, in direct contrast to the case where the parties are married in community of property.

The accrual system is applicable to all marriages out of community of property, unless the prospective spouses specifically exclude the accrual system in their contract. 'Accrual' means increase and the accrual system is a form of sharing the assets that are built up during the marriage.

The underlying philosophy in respect of the accrual system is that each party is entitled to take out the asset value that he or she brought into the marriage, and then share what they have built up together. It is however possible to draft the Antenuptial Contract in such a way that the parties share both their pre-marital and post-marital assets on a 50/50 basis, just as if they were married in community of property, but without incurring liability for each other’s debt.

Best suited for younger couples. Especially where one of the spouses has his/her own business.

Without Accrual

'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 others property is protected from the insolvent spouse's creditors, subject to Section 21 of the Insolvency Act.

Should you choose this option as your marital regime, you will have to decide whether the accrual system should be applied or not. Under both options of married out of community of property (with or without the accrual system), one spouse's creditors cannot hold the other spouse responsible for debt repayment, in direct contrast to the case where the parties are married in community of property.

Without Accrual the parties specifically declare that the Accrual system as set out in the Matrimonial Property Act will not be applicable to their marriage and will specifically be excluded.

Each spouse retains his/her own assets and own accrual – no sharing unless Antenuptial contract compels donations or court orders transfer of assets.

In the case of death or divorce, a spouse is entitled only to those assets accrued in his/her name.

Should one of the spouses stay at home to raise children, that partner would not be entitled to the assets accumulated by the other partner.

 In second marriages, marriages where the parties already have children , where both parties have already amassed a sizeable estate or in so called marriages of convenience it simplifies matters drastically.

Online Application

Click Here to apply online. Complete the online form as thoroughly as possible and submit. We will supply you with an pro forma contract within 24 hours. This document can be used as a discussion document and can be changed by us to suit your needs. Once satisfied sign the contract and return to us by hand, Postnet or Courier.
 

PDF Application

Click Here to download PDF application for. Complete as thoroughly as possible. We will supply you with an pro forma contract within 24 hours. This document can be used as a discussion document and can be changed by us to suit your needs. Once satisfied sign the contract and return to us by hand, Postnet or Courier.
 

E-Mail Application

This email address is being protected from spambots. You need JavaScript enabled to view it.l setting out your specific needs, questions and requirements. Annelle Van Den Berg . We will supply you with an pro forma contract within 24 hours. This document can be used as a discussion document and can be changed by us to suit your needs. Once satisfied sign the contract and return to us by hand, Postnet or Courier.
 

Visit or Office

Visit our office at

Loftus Versveld Northern Pavillion (Gate12), 2nd Floor Office 4, 416 Kirkness Street, Arcadia, Pretoria.

to discuss your specific needs,  requirements or questions. We pride ourselves in being very approachable and will take the time necessary to assist you to make an informed decision.

Address

  • Street: Loftus Versveld Northern Pavillion (Gate12), 2nd Floor Office 4, 416 Kirkness Street, Arcadia
  • Postcode: 0087
  • City: Pretoria

Contact

  • Telephone: 087 0010 733
  • E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Employees

  • Annelle Van Den Berg

    Annelle Van Den Berg

    Chief Information Officer
    • 0870010733
    • This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Louwrens Koen

    Louwrens Koen

    Attorney, Conveyancer and Notary Public.
    • 0870010733
    • This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Riana Fourie

    Riana Fourie

    Senior Conveyancing Secretary
    • 0870010733
    • This email address is being protected from spambots. You need JavaScript enabled to view it.

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