We take pride in giving soon-to-weds sound and accurate advice on the legal consequences of marriage and help them craft an antenuptial contract that fits their specific needs and requirements.
The importance of an antenuptial contract ("ANC")
The default position in South Africa is marriage in community of property. This means that a joint estate comes into existence at the conclusion of your marriage unless an ANC is concluded beforehand. The legal implication of this is that spouses share equally in each other's financial successes and failures and are also liable for each other's debts.
Most couples, therefore, wisely decide to enter into an ANC. This allows them to get married out of community of property. The benefit of this is that each party retains his/her own estate and that spouses are not liable for each other's debt.
Couples who decide to conclude an ANC must also choose whether they wish the accrual system to apply to their intended marriage. "Accrual", in short, refers to the growth in a spouse's estate from the start to the end of a marriage. If the accrual system applies, the difference between the respective spouses' accrual is split at the end of the marriage to ensure that both parties share equally in the growth of each others' estates.
We keep things simple, so we charge an all-inclusive fee of R2 750.00 to consult, draft, and to attend to the registration of your ANC. This amount is inclusive of all expenses and disbursements relating to your ANC, such as the Deeds Office and Notary's fee.
We also throw in the following extras to help you and your spouse get a head start in planning for your future:
A basic joint will for free.*
A 20% discount on the prescribed fee for the transfer of any immovable property you purchase (on condition that our office is instructed to attend to the transfer).*
A 20% discount on our standard fee to setup a family trust.*
* Please take note that the offer to provide these additional services at the these rates will lapse if the parties fail to contact our office and arrange for us to attend to same within one year of the date of their marriage.