Antenuptial contract

Getting married is beautiful and you will be embarking on a wonderful journey that is full of unexpected experiences. When you get married you do not really know what will happen and if whether the marriage will last. It is important to protect yourself in case the marriage does not last or it does not end well. Getting an antenuptial contract before you get married to your partner is not a bad idea because you can get a lot out of it.

Benefits of an antenuptial contract

An antenuptial contract is an agreement entered into between two parties who are planning to get married soon. When entering into the contract the parties agree to exclude the system of community of property from their marriage. When the two parties sign the agreement they need to be 100% percent sure about the decision that they make. When deciding on an antenuptial contract it does not mean that you are putting a value on the marriage it simply means that you are protecting yourself and your wealth.

Divorces do not always end well and when you have an antenuptial contract it will help you protect your assets and it will make sure that you do not lose anything that you have worked hard for. There are substantial protection methods in our law for spouses who are married. According to the antenuptial contract ensures that you are protected and it is different from being married in community of property.

An antenuptial contract has a lot of benefits such as:

  • If either party is declared insolvent then the other spouse is protected from insolvent.
  • An antenuptial contract is drafted in such a way to cater for your unique individual circumstances
  • Your partner or spouse will not be held liable for any debt that the spouse may incur during the marriage
  • Spouses will not need to obtain each other’s consent when dealing with own property

Once you and your spouse have decided on having an antenuptial contract it is important you both consult with a Notary an attorney who is qualified and who specialises in antenuptial contracts. A Notary attorney will then take the instructions and they will arrange for you and your spouse attend at their office to sign the antenuptial contract in the attorney’s presence. The antenuptial contract will then be sent to the Deeds Registry in your and is registered by the Deeds registry. The contract needs to be registered within 3 months of the date of the marriage.

De Dreyer Engelbrecht attorneys

De Dreyer Engelbrecht attorneys specialise in drafting antenuptial contracts that will satisfy your every need and they are qualified professionals who are good at their job.