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An important aspect of your pre-wedding checklist
24 January 2022 ,
Madeleine Goldie
1293
So, you’ve chosen rings, a date and a venue for your wedding, and it’s all moonlight and roses.
But what about your antenuptial contract (ANC), have you given that any thought?
If you don’t have an ANC, you are automatically married in community of property and your assets are combined
in a joint estate.
If you have an ANC, it means that you are getting married out of community of property, and all assets are kept completely separate throughout the marriage. You and your spouse are seen as separate legal entities, which
means you are protected from your spouse’s creditors.
Then there is the option of getting married out of community of property with accrual, where what you came in
with remains separate, and only the assets accumulated during the marriage are shared. The underlying
philosophy is that each party is entitled to take out the asset value that he or she brought into the marriage, and
then they share what they have built up together. The accrual system only applies if the marriage is dissolved –
either by divorce or death.
The ANC is a legal document, and it is therefore important that both of you consult with the lawyer who’s drawing
up the ANC . Both parties have to sign the ANC before the date of marriage. The lawyer must be a registered
notary public – the ANC has to be properly registered in die Deeds Office.
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Ante-Nuptial Contracts
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