This version of our marriage contract has the sole purpose of allowing each of the new spouses to protect the ownership of the property that he and she have brought into the partnership in the event of separation. This is a simpler arrangement for couples who are financially secure prior to marriage or partnership and are concerned with maintaining ownership of personal assets such as inheritances or a business, rather than financial security. The document is prepared to meet the latest prospective requirements for the applicability of a marriage contract. The parties must enter into a supplementary contract for the periodic table to apply. Without professional legal advice, the antenuptial contract can cost you much more in the long run than if you had paid for the antenuptial contract to be properly drafted by a lawyer. An antenuptial contract must be concluded, which costs money. Filling out an ANC template, i.e. a DIY antenuptial contract is rarely recommended. That`s because there really isn`t a single ANC design that protects you and your spouse for the duration of your marriage.
Example of antenuptial contracts in South Africa. Remember that a contract of attuptial must be notarized and registered with the Office of the Registrar of Deeds to be valid and enforceable. This must be done before the wedding date. Get married knowing that it`s for love and not for money. This marriage contract (also known as a prenuptial agreement) allows you to plan how you will divide your current and future assets between you and your husband, wife or partner in case you decide to divorce or separate in the future. This will help you control your ownership of important assets such as your home, sentimental possessions, and business. In addition, the cost of registering an atenuptial contract with the Registry office at that time is a fixed price of R400. This means that no antenuptial contract is really free. Alternative antenuptial contract templates: a simple version that contains only the basic provisions for each party that retains theirs, and a full version that details how the different assets are divided. Antenuptial contract WITHOUT accumulation A contract that establishes the agreement between the parties that they want to marry, but do not want to share the benefits of their marriage or pool their property at the conclusion of the marriage.
1. Introduction A marriage contract sets out the rules and conditions that govern the division of property during the marriage and at its end. It is concluded between two unmarried persons who have the legal right to enter into marriage. Historically, most marriages were made in community of property to provide some level of protection for women who cared for the household and therefore received no income. Nowadays, we are aware that it is more natural for both parties to have a well-established career and live a separate economic life before entering into marriage. This article will examine the legal context of marriage contracts in their entirety and reflect on the importance of understanding the different marital states that are best suited to different lifestyles. 2. Formal requirements for a marriage contract 2.1 Notarial form: It is important to note that only a licensed and practicing notary can execute a marriage contract. The executing notarial spouse may not have a personal interest in the contract and may not be closely related to one of the intended spouses. The full first and last name of the notary must be mentioned and the official seal of the notary is usually affixed to the last page of the contract.
2.2 Description of the parties: The contracting parties must be described with their full first and last name, their identification number (or date of birth) and their marital status (unmarried). If a party is a minor, he or she must be assisted either by his or her parent or guardian, or by the child custody commissioner, or by the person appointed under a court order to assist the minor in entering into the marriage contract. 2.3 Date: The date of performance of the Antenuptial Agreement must be specified in the preamble to this Agreement. This date is important for two reasons. First, the contract of attuptial must have been concluded before the parties entered into their marriage. Second, there is a prescribed period within which the back-up contract must be registered after its performance in order for the contract to be valid and enforceable vis-à-vis third parties. 2.4 Place of performance: The place of performance must be specified either at the beginning (heading) or at the time of conclusion of the contract. 2.5 Signature: Both future spouses must sign the marriage contract before a notary and in the presence of two competent witnesses.
If the parties sign on two different dates, the later date will be considered the date of the contract. 2.6 Registration: Once the settlement contract has been signed, it must be transmitted to the deeds office of the territory where the parties reside in order to be registered. . . .