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Marriage is most certainly one of the biggest commitments that one will make during one’s lifetime, and unfortunately it also ranks among our biggest causes of stress.
Nobody getting married needs the added stress of sorting out an ante-nuptial contract. Eileen Visser Attorneys will ensure that the legal side of things is well taken care of and that attending to your ante-nuptial contract is another exciting part of getting married. It is important to understand the different property regimes that can govern your marriage and have an ante-nuptial contract that caters adequately for the future taking all the future possibilities into consideration. You need to give some thought to which marital regime will be most suited for your circumstances.
An antenuptial contract is crucial in governing your assets upon death or divorce. There are 3 marital property regimes recognized in South Africa Marriage in community of property and of profit and loss (COP), Marriage out of community of property subject to the accrual system (ANC), and Marriage out of community of property excluding the accrual system (ANC). If you don't draw up an antenuptial agreement in South Africa then your marriage automatically defaults to 'in community of property', and all assets and liabilities will be shared. Our firm will be able to advise which property regime will best suit the client’s circumstances and assist with drawing up and registration of an agreement that meets the client’s needs. From the initial consult, the variety of marriage contract options are discussed and confirmed with the happy couple, so that there is no need to worry about this legality in the future.