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Hands-On Antenuptial Contract Services
Antenuptial Contracts can be confusing, if you are getting married, we can advise on the various options available and finalise your contract smoothly, meaning more time to plan your big day.
Get your Marriage Contract in 2 Easy Steps
With our Hands-On Antenuptial Contract Services
Step 1:
Complete our contact form with your details and we will contact you to discuss your contract. You can also carry on reading below for FAQ’s, costs and the different marital regimes available.
Step 2:
We will draft your antenuptial contract and send it to you for signing and we will take care of the rest. No matter where in South Africa you live, we’ve got you.
Types of Marital Regimes
Community of Property
Your assets and liabilities merge completely. This means you share everything 50/50, including debt.
You need permission from your spouse when applying for credit or taking out a contract.
Assets are usually frozen in the case of death, until the estate winds up which could take years.
Out of Community of Property Without Accrual
Your assets and liabilities remain your own. This means you don’t share anything.
You don’t need permission from your spouse when dealing with your own assets. This is often unfair to a non-working spouse.
For this marital regime, you need an Antenuptial Contract.
Out of Community of Property With Accrual
Your assets and liabilities from before your marriage remain your own.
In respect of the accrual, you only share in the growth (during your marriage) of your assets with each other. This means you don’t share in any debt. You also don’t need permission from your spouse when dealing with your own assets.
For this, you need an Antenuptial Contract.
What will we do for you with our hands-on Antenuptial contract services?
- An initial call with you explaining the different options and answering all of your questions;
- Drafting your antenuptial contract;
- Preparing all of the Deeds Office documents;
- Meeting with you (if in Ballito) to sign the documentation;
- Assisting you sign and courier documents to us (outside of Ballito);
- Meeting with the Notary and having your marriage contract notarised on your behalf (required by law);
- Paying the Notary’s fees;
- Facilitate the lodging the original marriage contract with the Deeds Office, once lodged in the Deed’s Office, registration usually takes around 2 weeks to complete;
- Paying the Deeds Office fees;
- Preparing a letter to your marriage officer;
- After registration, the registered ANC will go for micro-filming in the Deed’s Office – we will usually receive the registered antenuptial contract back from the Deed’s office 4-6 weeks after registration, where after we will deliver the original to you for safe-keeping
For us to proceed, you will need to provide us with the following documents:
- Your ID;
- Proof of residence in your name, not older than 3 months;
- Your intended spouse’s ID;
- Proof of residence in the name of your intended spouse, not older than 3 months.
Once we have received your documents, we will draft the ANC and set-up an appointment to meet with you and your spouse-to-be to sign the documents, or assist you in signing virtually if not in Ballito .
This will cost you R3950 including Courier Fees.
FAQ's
What if I don’t have a marriage contract? If you enter into marriage without signing a marriage contract, you will automatically be married In Community of Property, which carries various unfavorable legal consequences.
Does signing a marriage contract mean we are legally married? No, signing a marriage contract solely pertains to the management of your assets and takes effect only after you are legally married. Your marriage is legally recognized once you sign the contract with your marriage officer.
Can I sign a marriage contract after getting married? Yes, it is possible, but it requires court involvement. If you decide to pursue a marriage contract after being married, you will need to submit an application to the court and engage lawyers to modify your existing marriage system. Naturally, this route is more costly.
Do I need a lawyer? Yes and no. While it is technically feasible to draft your own marriage contract, you will require a qualified lawyer who is also a notary public to execute and register the contract with the deeds office. This process may seem intricate because it is, which is why we recommend entrusting it to our expertise.
What if I don’t reside in your area? No worries, we have you covered. One of our knowledgeable team members will provide precise instructions on how to sign and organise a courier to collect.
When should I sign a marriage contract? Your contract needs to be signed and notorised before you get married, we suggest completing the process at least one month in advance, however we are able to assist at short notice periods.
How do we make payments? We will send you an invoice via email.
Complete your details and our friendly staff will contact you
