Antenuptial Agreements Made Easy
Imagine how good it would be to deal with your antenuptial agreement WITHOUT visiting an attorney’s office.
So, what is
this exactly?
Don’t struggle to find an attorney that can help you with your antenuptial agreement.
Offer & Cost
What you get when you choose us:
- Everything you need to know in a 7-part video series explaining the process and all the different marital regimes and choices.
- Click here for a full explainer of the series and each video.
- Pros and Cons of getting married in community of property (downloadable)
- Pros and Cons of getting married out community of property with the accrual (downloadable)
- Pros and Cons of getting married out community of property with the accrual (downloadable)
- A downloadable conversation starter to discuss how you need to get married
- Various downloadable examples of different antenuptial agreements.
- Full access to bonus FAQ’s
Price & Process
- Online Antenuptial Agreement
– A 30 minute online consultation with Francois Vorster
– Everything you need to know in a 7-part Video Series
– The whole process explained
– Various bonus material to discuss with your partner
– Drafting of your agreement- ® – Registration in the Deeds Office
- R2999 (plus VAT)
Frequently Asked Questions
Bringing up the topic of an antenuptial contract with your soon-to-be spouse can be a sensitive and delicate matter. However, it’s important to have this conversation to ensure that both parties are on the same page and that your assets and liabilities are protected in the event of divorce or death. Here are some handy hints to make the discussion a little easier:
- Choose the right time and place – it’s important to have this conversation in a comfortable and relaxed environment where you both feel at ease. Don’t wait until the last minute to bring up the subject or spring it on your partner unexpectedly.
- Explain your reasoning – make sure your partner understands your motivations for wanting to create an antenuptial contract. You may want to discuss your financial goals and concerns, or explain how previous experiences have led you to this decision.
- Listen to your partner’s perspective – it’s important to have an open and honest dialogue about your concerns and expectations. Listen to your partner’s thoughts and feelings on the subject, and be willing to compromise if necessary.
- Seek professional advice – working with a qualified attorney can help ensure that your antenuptial contract meets all the legal requirements and accurately reflects your wishes and interests. Consider engaging an experienced lawyer to assist you in drafting and negotiating the terms of your agreement.
- Keep the lines of communication open – once you have agreed on the terms of your antenuptial contract, make sure to keep the lines of communication open and revisit the agreement periodically to ensure that it still meets your needs and goals.
An antenuptial contract, also known as a prenuptial agreement, is a legal document that couples can sign before getting married to determine how their assets will be divided in the event of a divorce or the death of one of the spouses. This contract is crucial for individuals who have businesses, or financial assets they want to protect, or have children from a previous relationship they want to provide for.
Basically, the antenuptial contract allows you to keep your financial affairs separate from your spouse’s in case of a divorce or death. It’s like a plan b for your finances, and it can give you peace of mind knowing that your assets are protected.
If you’re considering getting married and want to protect your assets, it’s important to enter into an antenuptial agreement before tying the knot. This legal document is signed by both partners and outlines how your assets will be divided in case of a divorce or the death of one of the spouses.
It’s best to consult with an experienced attorney who specialises in antenuptial agreements to ensure that your agreement meets all legal requirements and protects your interests. Don’t wait until the last minute to start the process – it’s important to give yourself plenty of time to negotiate and finalise the terms of your agreement.
In short, if you want to ensure that your assets are protected and that you’re prepared for any potential future events, entering into an antenuptial agreement is a smart choice.
Protecting your assets: an antenuptial agreement can protect your personal assets and ensure they stay with you if the marriage ends in divorce or the death of one spouse.
Financial security: the agreement can provide both parties with financial security by outlining how finances will be handled during the marriage and in case of separation or divorce.
Protecting your business: if you own a business, an antenuptial agreement can ensure that your business remains separate from marital property and is protected in case of a divorce.
Debt protection: if your partner has significant debt, an antenuptial agreement can protect you from being held liable for it in case of a divorce.
Risk mitigation: an antenuptial agreement can also help to mitigate risk by ensuring that both parties understand their financial obligations and responsibilities and can help to avoid conflicts and legal battles in case of a divorce.
In short, if you’re getting married and want to protect your assets, business, or ensure financial security for both parties, signing an antenuptial agreement is a wise choice.
When it comes to choosing a matrimonial property regime, there are several options available to you, each with its own advantages and disadvantages. Here’s an overview of the most common regimes:
Marriage in community of property:
This means that all assets and liabilities are shared equally between both spouses. This is the default regime in South Africa unless you sign an antenuptial agreement. It’s a good option if you want to share everything equally with your partner and don’t have significant assets or debts before marriage. I do not advise it though.
Advantages: simple and easy to understand. Everything is shared equally.
Disadvantages: both spouses are equally responsible for each other’s debts. If one partner has a lot of debt, it could affect the other partner’s credit score.
Marriage out of community of property
This means that each spouse has their own assets and liabilities, and they are not shared with the other spouse. This is a good option if you have significant assets or liabilities before marriage that you want to keep separate.
Advantages: protects assets and liabilities from being shared between spouses. Each spouse is responsible for their own debts.
Disadvantages: could create potential conflict if one spouse is not transparent about their assets or debts.
Out of community of property with the accrual system:
This is similar to in community of property in a sense, but assets and liabilities acquired before marriage are not shared. Each spouse’s assets are increased by their individual accrual during the marriage.
Advantages: provides protection for pre-marital assets. Assets acquired during the marriage are shared equally.
Out of community of property without the accrual system:
This is similar to out of community of property, but with the addition of the accrual system to share assets acquired during the marriage.
Advantages: provides protection for all assets, whether received before or after marriage. Basically, both parties keep their own things.
Disadvantages: each spouse is responsible for their own debts.
Choosing the best matrimonial property regime for your marriage depends on your individual circumstances and goals. It’s important to seek the advice of an experienced attorney who can guide you through the process and help you make an informed decision.
The accrual system is a popular matrimonial property regime in South Africa that is designed to provide a fair and equitable division of assets between spouses in the event of divorce or death. Under this system, each spouse retains ownership of their own assets and liabilities, but they also share in the growth of their joint estate during the marriage.
To calculate the accrual, you will need to subtract the net value of each spouse’s estate at the start of the marriage from the net value of their respective estates at the end of the marriage. The spouse whose estate shows the smaller increase in value is entitled to half of the difference between the two estates.
Here’s a simplified example:
Let’s say that at the start of their marriage, spouse a’s estate was valued at R1 million and spouse b’s estate was valued at R500,000. At the end of the marriage, spouse a’s estate is valued at R2 million, and spouse b’s estate is valued at R1.5 million.
To calculate the accrual, you would subtract the starting value of each estate from the ending value:
Spouse a’s accrual: R2 million – R1 million = R1 million
Spouse b’s accrual: R1.5 million – R500,000 = R1 million
Since both spouses’ accruals are equal, there is no accrual to be divided. However, if spouse a’s accrual was only R800,000, then they would be entitled to half of the difference between the accruals, which in this case would be R100,000.
It’s important to work with a qualified attorney or financial advisor when calculating the accrual, as there may be complex legal and financial issues involved. They can help ensure that all the necessary calculations are made accurately and that your interests are protected throughout the process.
Antenuptial agreements and prenuptial agreements are essentially the same thing, just with different names. In south africa, the legal term for this type of agreement is an antenuptial contract, while in other parts of the world, it may be referred to as a prenuptial agreement or prenup.
Both types of agreements are entered into before marriage and typically address issues related to the division of assets and liabilities in the event of divorce or death. The purpose of these agreements is to provide clarity and protection for both parties, particularly if one or both spouses have significant assets or debts.
The main difference between an antenuptial agreement and a prenuptial agreement is simply the name. The legal principles and requirements for these agreements are the same, regardless of the terminology used. It’s important to work with a qualified attorney to ensure that your antenuptial agreement or prenuptial agreement meets all the legal requirements in your jurisdiction and accurately reflects your wishes and interests.
Registering an antenuptial contract typically takes about two to four weeks, although this can vary depending on a few factors, such as:
- Availability of the notary public:
The notary public is the person who will draft and register your antenuptial contract. The time it takes to schedule an appointment with the notary can impact the overall registration time.
- Complexity of the agreement:
If your antenuptial agreement is simple and straightforward, it can be registered more quickly. However, if it’s more complex or involves special arrangements, it may take longer.
- Changes or amendments:
If changes or amendments need to be made to the agreement after it has been drafted, this can add additional time to the process.
- Compliance with legal requirements:
To be valid, an antenuptial contract must comply with certain legal requirements. If the contract does not comply, it may need to be revised, which can delay the registration process.
Overall, it’s important to give yourself plenty of time to register your antenuptial contract before your wedding day to avoid any last-minute stress or complications. Working with an experienced attorney who is familiar with the process can help ensure that your antenuptial contract is registered smoothly and on time.
No, you must sign your antenuptial contract before getting married. It must, however, be registered within 3 months of signature. .
The registration process involves having the contract drafted by a notary public, signed by both parties and two witnesses, and then registered at the deeds office.
It’s important to note that the registration process can take several weeks, so it’s best to start the process as early as possible to avoid any last-minute complications or delays. Your attorney can guide you through the registration process and ensure that everything is done correctly and on time.
The cost to register an antenuptial contract can vary depending on several factors, including the complexity of the agreement and the fees charged by the notary public. In general, the fees may include:
Notary public fees – the notary public is responsible for drafting and registering the antenuptial contract, and their fees can vary depending on their experience, location, and other factors.
Deeds office fees – the deeds office charges a fee to register the antenuptial contract and issue the notarial deed.
Vat – value-added tax (vat) is charged on notary public fees.
Other expenses: depending on the circumstances, there may be other expenses involved in the registration process, such as courier fees, travel expenses, or fees for additional legal advice.
It’s important to discuss the fees and expenses involved in registering your antenuptial contract with your attorney upfront so that you have a clear understanding of the costs involved. Your attorney can provide you with a detailed breakdown of the fees and help you navigate the registration process efficiently and cost-effectively.
Once your antenuptial contract has been registered, the notary public will provide you with the original contract. This deed serves as proof that your contract has been registered at the deeds office and is legally valid and enforceable.
It’s important to keep this document in a safe place, as you may need to present it in the future to prove that you and your spouse entered into an antenuptial contract. You may also want to make copies of the document and keep them in separate locations for added security.
If you ever need to amend or cancel your antenuptial contract, you will need to go through the same registration process again and obtain a new notarial deed. Your attorney can guide you through this process and help ensure that all the necessary steps are taken to protect your legal rights and interests.
Well, we’ve got you covered.
Simply click here to buy our online antenuptial agreement course.
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