Drawing up an antenuptial contract isn’t about greed; it’s about ANC, you will be married out of community of property with accrual, unless the. This matrimonial property regime involves an antenuptial contract (i.e. an agreement entered into before the marriage) where community of property and profit. Marriage Out Community of Property with the Inclusion of the Accrual . Onine Trusts ​Online Antenuptial Contracts · Online Wills ​Online Legal Services.

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Subtract her total liabilities or debt at dissolution of the marriage which comes to R 35, He is also the Family Law expert on Health Any damages awarded to either spouse for defamation or for pain and suffering; Any inheritances, legacies or gifts that either spouse has received during the marriage, unless the parties have agreed in their antenuptial contract to include these or the donor has stipulated their inclusion; A donation made by antenuphial spouse to the other.

This would not be the case if the parties were married without an Antenuptial contract, and as such, be married in Community of Property. It is of utmost importance antenuptixl a party wishing to enter into an Ante Nuptial Contract must fully understand what it is they are signing.

Upon death or divorce, each cintract keeps control over their own assets. It is for this reason that contraxt standard form contract cannot be used, that consultations cannot be held over the phone or by means of email and that, unfortunately.

When drafting the Ante Nuptial Contract, the parties can each decide to exclude certain assets.

This agreement is a sample and is of a general nature. The original Antenuptial is sent to the Deeds Registry in your and is registered by the Deeds Registry.


If the marriage occurred after 1 Novemberthe contract had to specifically exclude the system of accrual. However, only at the dissolution of the marriage can an accrual claim be made.


Declaration of Assets in Antenuptial Contract The net value of the possessions of each party is declared at the beginning of the marriage in their Antenuptial Contract.

Any compensation received as a result of injury received during the marriage. Assets which are not properly described can cause huge problems when the executor or the divorce attorney tries to decide what to do with it in calculating the net accrual value. The net worth of these assets may also be declared in a written statement before the marriage or within six months of it taking place.

This is partly due to a lack of the obligations and protection that a marriage contract automatically provides. However, when working out the accruals of each spouse, some property is not taken into account. The accrual system is a form of sharing of the assets that are built up during the marriage.

Excluded from the Accrual Certain property belonging to either the husband or the wife may not be taken into account when the accruals are worked out: That the marriage shall be subject to the accrual system in terms of the provisions of Chapter 1 of the Matrimonial Act, Act No.

Each party may accumulate assets and incur liabilities without interference from or assistance of the other spouse. Should an Antenuptial agreement be considered cast in stone or can it be varied during the course of the marriage? He has a deep passion for matters involving children.

Thus neither spouse will be affected by the debts or liabilities of the other. Benefits of an Antenuptial Contract. Get your Antenuptial Contract Here Everything you wanted to know about Antenuptial Contracts and an easy form to complete. If dissolved as a result of death, then the accrual claim has to be paid before a will or intestate succession can come into effect.

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Marriage out of community of property with accrual

The marriage is witb by a contract known as an ante nuptial contract which is concluded by the parties before the marriage. Certain additions and ammendments may be required to suit your specific needs. Antenuptial contracts remove the risk in regard to all the spouses combined assets, should one of antenuptail spouses undertake a business venture, allowing for the protection of assets from creditors; Each spouse is able to retain his or her individual financial identity.


The Antenuptial must anyenuptial registered in the Deeds Registry within 3 months of the date of the marriage. The monetary value of the smaller estate is subtracted from the monetary value of the larger estate, the difference is split, and the party having the larger estate pays half of the difference between the two estates to the wjth with the smaller estate. The consumer price index is taken into account and an allowance is made for factors which could affect the difference in the value antenupttial the start and end of the marriage such as the inflation xccrual.

It is a contract entered into by two people, prior to their marriage, in which they stipulate the terms and conditions for the exclusion of the community of property between them. In practical terms this amounts to a similar division to a marriage in community of property. To find out more, including how to control cookies, see here: Most of these terms and conditions relate to the division of assets should the marriage be dissolved due to either death or divorce.

If the estate of the first dying spouse has a greater accrual, the surviving spouse would have a claim against the deceased estate.

Antenuptial Contracts with Accrual

How is accrual calculated? And the appears declared that whereas antejuptial marriage has been agreed upon, and is intended to be solemnised between them, they have agreed and now contract with each other as follows:. Then subtract the adjustment for inflation on commencement value of R 10, Then subtract the commencement value of her estate, stated in the Antenuptial Contract of R 10,