Marriage Contracts

Marriage Contracts

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Engelbrecht Attorneys specialize in drawing up detailed marriage contracts between you and your partner when you decide to tie the knot.

Cost For Marriage Contracts:

R2950-00 – includes the consultation (competent legal advice), drafting, lodgement, ante nuptial contract registration and delivery from our offices in Pretoria East.

Requirements:

Definitions:

Assets: Anything of value owned by a person, for example a house, a car, pension money, etc.

Liability: Any debt incurred, for example a mortgage bond, a motor vehicle bond, a credit card

Estate: Every person has an estate, no matter how big or small. Your estate consists of the value of any assets you own minus the value of the liabilities or debts you have. For example: you have R20 000.00 worth of savings and a car with the value of R200 000.00, but you have R5000.00 worth of credit card debt and a bond repayment of R150 000.00 on your car. The value of your estate will be calculated as follows: R20 000 + R200 000 = R220 000 – (R5000 + R150 000) = R65 000. The marriage will be dissolved by the death of one/both spouses or by a divorce.

Types of Marriage Contracts in South Africa

There are basically three types of marriages in South African Family Law today:

  • Marriage in Community of Property = one communal estate, with partners liable for each other’s debt. A marriage in community of property automatically takes place in the absence of a registered Marriage Contract (ante nuptial contract);
  • Marriage out of Community of Property without the Accrual = no profit or loss, without the concept of sharing;
  • Marriage Out of Community of Property with the Accrual = no profit or loss, with the concept of sharing.

Changes to Matrimonial Property System

Couples married in community of property sometimes want to change their marital regime from in community to out of community. An application is brought to court in the applicable format.

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