Antenuptial Contracts
There are three matrimonial property regimes in South Africa namely;
- Marriage in community of property which automatically applies to all marriages where the parties have not entered into an antenuptial contract
- Marriage out of community of property
- Marriage out of community of property with the accrual system
Each regime has different legal consequences and it is imperative that that client obtains proper advice on what regime will best suit their current and future needs.
More importantly, the Antenuptial Agreement, more commonly known as an ANC, must be signed by the future husband and wife in the presence of a notary BEFORE the marriage is concluded. Soon to be married couples often want to avoid consulting an attorney to draw up an ANC as they feel they are already planning for a divorce, and who will get what if they divorce.
This is not the sole purpose of the ANC, as it, inter alia, protects the spouses assets from the creditors of the other spouse.
Soon to be married couples often want to avoid consulting an attorney to draw up an ANC as they feel they are already planning for a divorce, and who will get what if they divorce.
Variation of Matrimonial Systems and Postnuptial Agreements
Although this is possible, it is a costly exercise. The Matrimonial Property Act make provision for clients to alter the matrimonial property regime applicable to their marriage during the subsistence of the marriage. This post-nuptial agreement will not be valid until it is made an order of court. The creditors of the joint estate will have to be notified and may not be prejudiced by the change of the regime, thus both spouses will remain jointly and severally liable to existing creditors.
FAMILY LAW services offered
Divorce
The Divorce Act makes provision for two grounds of divorce, namely irretrievable break-down and mental illness or unconsciousness.
Parenting
A parenting plan can be drafted and agreed upon between the parents at any stage and not necessarily only between divorcing parents.
domestic violence
Domestic Violence matters covered are actual or threatened violence or harassment between married or de facto partners living in the same household.
cohabitation
Receive sound advice regarding marriage contracts and antenuptial agreements, before your marriage, with a qualified Gray Burmeister Inc Attorney.
Divorce
The Divorce Act makes provision for two grounds of divorce, namely irretrievable break-down and mental illness or unconsciousness.
Parenting
A parenting plan can be drafted and agreed upon between the parents at any stage and not necessarily only between divorcing parents.
domestic violence
Domestic Violence matters covered are actual or threatened violence or harassment between married or de facto partners living in the same household.
cohabitation
Receive sound advice regarding marriage contracts and antenuptial agreements, before your marriage, with a qualified Gray Burmeister Inc Attorney.