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Antenuptial Contracts

Preparing you and your partner for the future.

Here at Southey Attorneys, we understand that getting married is one of the most exciting times in any person's life.

This “forever” decision not only changes your family and living status but your legal status as well.

The Southey Attorneys Antenuptial team believes that when it comes to your legal status, knowledge is power, which is why we take the time to properly explain the different marriage contracts and the implications of these contracts for your future.

We also take the opportunity to inform our clients about Estate Planning, which is a vital tool for you as a new couple as you increase your asset base together. Estate Planning arms you and your partner with valuable knowledge of what to do when you start amassing wealth as a couple.

Who needs an Antenuptial Contract?

In South Africa, if you do not have an Antenuptial contract you will automatically be married In Community of Property.

This type of marriage contract results in a joint estate.  It also means that neither partner has any financial or legal autonomy from the other.  From a practical perspective an In Community of Property marital status means that opening bank accounts, signing legal documents, buying and selling of property and other items all have to be done together. 

In addition, should you or your partner become insolvent or die with an insolvent estate, the solvent partner could be negatively affected because all of the combined assets and belongings may be attached to pay off outstanding debt. 

An In Community of Property marriage contract means that when you or your partner dies, all of your assets, finances and belongings (your estate) forms part of the administration of the deceased estate.  This means that the surviving spouse will have to wait until the Estate Administration process is complete before they have access to their money again.  

This can take months or even years. 

What is the Antenuptial Contract Process

These are the steps involved in setting up an Antenuptial Contract:

Step 1:

Make an appointment with the Southey Attorneys team

Our attorneys will discuss the marital regime options available to you as well as the implications of each marital status.

Step 2:

Choose a marital regime

Once you have all of the information take some time to discuss and think about the best marital status for you and your partner.

Step 3:

Documentation

You will need to bring your original ID to Southey Attorneys. If you or your partner have been married previously, you will need to bring a copy of the decree of divorce or death certificate. 

Your marriage contract must be signed before you get married. Make sure you give yourselves enough time to make this very important decision.   We recommend making an appointment with Southey Attorneys a month before your wedding.  

Benefits of working with Southey Attorneys?

Because the Southey Attorneys team works across a wide range of law, we can advise you on the best marital regime for your current circumstances and your future.

An Antenuptial contract needs to be properly considered, and we prefer the couple to spend some time on making the correct decision. Nonetheless, if you already know what you want in a marital regime, then Southey Attorneys can produce the documentation fully checked at the first consultation.

Once you have confirmed you are married, the Southey Attorneys team will register your Antenuptial contract at the Deeds Office.
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