What is an Antenuptial Contract?


In South Africa, there are a limited number of ways in which a person can get married. The circumstances of your union must be considered in choosing a matrimonial property regime that will work for you. It is advisable to consult with knowledgeable attorneys, such as Michael Krawitzantenuptial contract attorneys in Sandton, for more information about each possible marriage regime.

The automatic consequences of marriage are governed by legislation, but with the signing of an antenuptial contract, you will be able to make more decisions about the terms and conditions of your marriage. 

An antenuptial contract is an enforceable document that will allow you to contract somewhat out of the automatic operation of the law as it applies to your marriage. This contract has been glamourised as a weapon of mistrust but it in fact allows couples to make some of their own decisions regarding how their property will be handled at the dissolution of the marriage, be it by death or divorce.

Drafting the contract is a skill that requires the assistance of qualified and experienced attorneys and notaries. For expert assistance from specialist antenuptial contract attorneys in Sandton, contact Michael Krawitz today.

The Advantages of Antenuptial Contracts

An antenuptial contract can make all the difference to how smoothly any disagreements will be handled at dissolution, as these decisions will be made beforehand, and formally recorded in writing in the antenuptial contract. Should any disagreement arise, they will be guided, and bound, by the terms that they decided on in the antenuptial contract. In order for the contract to be enforceable in this way, it will further need to be sealed by a qualified notary, and submitted to the Deeds Office for approval.

A further option is also available in marriages that make use of ante nuptial contracts, being a marriage with or without accrual. Excluding accrual has the effect of allowing a spouse to retain the property that they had before entering the marriage, as well as that accrued during the marriage. To include accrual will allow each spouse to still retain their full estates, but will consider the growth between the two estates from the date of the marriage to the date of dissolution, and how to fairly divide that growth between the parties. As an antenuptial contract needs to be signed before your wedding day, it is important to ensure that you have allocated enough time to consult with an attorney to draft the agreement. To ensure that you will have ample time, contact Michael Krawitz today, your specialist antenuptial contract attorneys in Sandton, for more information about their services and how they can help you.

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