NOTARY PUBLIC

ANTENUPTIAL CONTRACTS

Marriage is a wonderful event in anyone’s life that is full of joint decisions. But these decisions start before the marriage begins, and one of those could be to enter into a marriage contract. All types of South African Marriages are automatically in community of property, unless parties do ANC.

First and foremost Antenuptial contract (also known as marriage contact, prenuptial contract and/or also referred to as ANC), is a written contract entered into by the couple and signed In front of a Notary Public. Such contract need to be registered at the Registrar of Deeds within three months from the date signing it. There is purely no absolute good type of marriage it is up to parties to select their preferred suitable marriage based on their circumstances.

There are two types of Marriage Contracts that a couple may agree to:

1. Antenuptial Contract (ANC without accrual system)

1.1. This is purely “what is mine is mine and what is yours is yours
phenomenal” and it literally means that all items accumulated or accrued by the relative spouses prior to the marriage and those accumulated or accrued during the subsistence of the marriage will not be shared in the unexpected eventualities of death or divorce.

 

2. Antenuptial Contract (with Accrual system)

2.1. In a broader sense, an Accrual system means that, at the dissolution of a marriage subject to the accrual system, by divorce or by the death of one or both of the spouses, the spouse whose estate shows no accrual or a smaller accrual than the estate of the other spouse, or his estate if he is deceased, acquires a claim against the other spouse or his estate for an amount equal to half of the difference between the accrual of the
respective estates of the spouses.

2.2. In a narrow sense, an Accrual system, literally means that, both the prospective spouse have control over the sharing of assets accumulated prior to the subsistence of the marriage with understanding that all assets accumulated after the existence of the marriage will be shared;

2.3. The inclusion of Accrual system, can also be subject to modification as to suit both parties needs, and this can be achieved by:

2.3.1. Specifically excluding specific items;

2.3.2. Specifying commencement value of assets belonging to a particular spouse;

2.3.3. donation of specified items, or;

2.3.4. any other exclusions allowable in terms of the Matrimonial
property Act;

We are therefore able to assist you with the drafting and registration of Anti-Nuptial Agreements

NOTARIAL SERVICES

We also offer all notarial services. These includes the preparation and witnessing of certain types of specialised documents for international use, as well as deeds for registration in various public offices, and powers of attorney, the administering of oaths, witnessing signatures on affidavits, statutory declarations, the certification of copied documents, and the preparation of Apostille which are required for the authentication of documents in terms of the Hague Convention.

  • Powers of attorney
  • Notarial bonds
  • Antenuptial contracts
  • Long and short term lease agreements
  • Witnessing the execution of documents and verifying the authenticity of signatures
  • Authentication of documents
  • Wills and Trusts
  • Apostille certificates
  • Usufructs
  • Notarising documents for use abroad

DO YOU NEED LEGAL ADVICE?

The team at Ngoetjana Attorneys is dedicated to dealing with complex legal problems that we come across every day, basing on the reasonable assumption that two or more heads are better than one. We strive to think outside the box to find solutions for complex legal situations to get tangible results for our clients.

Contact Us

For any Questions, Queries and Consultations. Do not hesitate to contact us today.

  • 21 Maxwell Road
    Kempton Park
    1619.
  • +27 11 026 0693
  • +27 73 642 8284
  • info@ngoetjana.co.za