You are automatically married in community of property in terms of the law if you did not enter into an Antenuptial Contract prior to your marriage. In community of property means that all your assets and debts together with those of your partner are put together in a joint estate. Everything that you and your partner had before and during the subsistence of the marriage will also form part of this joint estate. This includes any debt and liabilities incurred by either one of you before and during the subsistence of the marriage. This will also include any maintenance to a previous spouse and children born out of the marriage between you and your spouse.

There are some people who out of lack of understanding of matrimonial law think that entering into an Antenuptial Contract is a sign of mistrust between partners. As a matter of fact, an Antenuptial Contract prevents the marriage from automatically being one of in community of property and allows the parties to tailor make their own suitable matrimonial regime. In terms of this contract, the parties can include any condition which they wish to apply in their intended marriage as long as that condition is not unlawful or against public policy.

An Antenuptial Contract offers transparency in your relationship by recording the rights, duties and legal consequences both legally and proprietorial of your marriage and this helps to prevent unnecessary disputes between you and your spouse later down the line. You will not be liable for your spouse’s debts and liabilities and you will also not need your spouse’s written consent in entering into transactions. Your spouse’s credit score, black listing, debt review or insolvency status will not affect you, unless if you are married out of community of property. You will also have full capacity to make a Will and dispose all your assets as you wish, unlike if you were married in Community of Property where spouses have limited capacity to do so.

If you are intending to get married, you and your spouse should decide whether to get married in community or out of community of property and whether you will be including or excluding the accrual system.

A marriage which is out of Community of Property can only be achieved by executing an Antenuptial Contract which is also commonly referred to as a Prenup. This contract should be executed in the presence of a Notary Public who will then attest to it and cause it to be registered with the Deeds Office within a period of 3 months from the date of execution or within 6 months if the contract was executed outside of the Republic or within such period as may be authorised by a High Court in the Republic.

Mavhengani Attorneys Inc offers a comprehensive, expert and hassle free Antenuptial Contract services at an inclusive costs of R4500-00. This will include the following:

• An hour and half consultation with an expert Attorney and Notary Public,
• The drafting of a tailor-made Antenuptial Contract which suits both you and your partner,
• The provision of a letter to the marriage officer confirming execution of an Antenuptial Contract, and
• Registration of your Antenuptial Contract at the Deeds Office,

Whether your divorce is contested or uncontested, Mavhengani Attorneys Inc is your attorneys of choice. We have a dedicated expert Attorney in this field who is waiting for your instructions.

Mavhengani Attorneys Inc.
Attorneys, Notaries & Conveyancers
Tel. 011 845 7940
Cell. 074 434 6085
Email. info@mavhenganiattorneys.co.za
mudipmt@gmail.com.