Antenuptial & marriage contracts

Drafting detailed marriage contracts between you and your spouse before & after you get married.

Taking care of the  unromantic aspects of “I do”

Getting married is a very exciting time, but before you can enjoy post-wedding bliss you need to take care of the serious aspects of marriage. The success and longevity of your marriage can sometimes rest on the consensus you reach regarding the matrimonial property system you agree to before you get married. In South Africa, this is referred to as an “antenuptial contact”.

Wrapping your head around the intricacies of matrimonial contracts can sometimes be difficult, so we are here to help! Your antenuptial contract is pivotal to the success of your vows, so we are here to assist you with the careful consideration and planning it takes to ensure sensible decisions regarding the type of marriage contract you enter into.

We have extensive experience in drawing up antenuptial contracts and would love to be a part of your forever. Schedule a consultation with us and let’s draw up the best antenuptial contract for your needs.

Understanding antenuptial & marriage Contracts

Helping you carefully consider your needs before signing.

Out of community of property

Financially you are effectively separate legal entities and do not share ownership in each other’s assets or debt.

In community of property

If you don’t sign an Antenuptial Contract before your marriage, then by default you will be married in community of property.
Marrying in the community of property means a joint estate is formed. All the assets and debts from before your marriage become shared in a joint estate between both of you. Any assets, debts and liabilities acquired by either of you after your marriage will then also added to this joint estate.

Out of community of property

(with accrual)

It is important to note that certain assets are excluded from the accrual in terms of the Matrimonial Property Act. These include, for example, the following:

  • An inheritance received during the duration of the marriage;
  • Donations made between the parties during the duration of the marriage;
  • Assets explicitly excluded in terms of the conditions of the marriage contract.

We Do Law Differently

Unlike most other firms, our mission is to get results, and we do that by understanding your personal needs and offering tailored advice specific to your situation.

Being a smaller firm gives us the ability establish personal relationships with all of our clients and not only a formal attorney-client relationship. Thus, we pride ourselves on excellent customer service, ensuring that our clients are always brought up to date with the status of matters as and when new developments arise.

Your happily ever after is waiting. Get the formalities out of the way.

Reach out to us before you walk down the aisle and allow us to assist you with the legalities so you can focus on your big day. Simply fill in the form below and we’ll set up a 30-minute, no-obligation, consultation to see how we can assist you going forward.