Different Types Of Antenuptial Contracts

Different Types Of Antenuptial Contracts

There are two types of matrimonial regimes: marriage in community of property and a marriage out of community of property.  

Formalising an Antenuptial Contract sets the terms of your marital regime and is intended to simplify such regime. It’s important to remember that an Antenuptial Contract must be formalised and executed in the presence of a Notary before you get married.

There are advantages and disadvantages to all marital regimes. The most effective way to find out what’s the best arrangement for you is to seek the services of a Notary. 

What Is Marriage In Community Of Property?

In this type of marital regime, assets and liabilities as well as profit and loss before and during the subsistence of the marital regime will form part of one estate.

This will limit the respective consorts (parties) legal stance to act in free will as there will be one estate henceforth. To learn more about the pros and cons, kindly contact AWD Law or an experienced Notary.

Marriage Out Of Community Of Property | What It Means

Within this marital regime, there are two primary options: with or without the accrual system. A marriage with the accrual system could be in your best interests, though a marriage without the accrual system may suit your circumstances better, dependent on your legal stance and requirements. As circumstances differ and one needs to mutually agree upon and make an informed decision with all facts duly considered.

To learn more kindly contact AWD Law or an experienced Notary.

Marriage Out Of Community Of Property Without Accrual

With this type of marital regime, spouses assets and liabilities, as well as profit and loss, remain separate and no accrual will apply in the event of death or divorce. You would be able to retain any assets you had or after getting married as there will always be two separate assets.

To learn more kindly contact AWD Law or an experienced Notary.

Only a notary can conclude and register an Antenuptial Contract. For professional assistance with your ANC, please contact AWD Law and receive a free property consultation to advise and prepare you, which will help you make an informed decision before you enter the property market.





Kindly be advised that AWD Law does not enter into litigation on behalf of clients. Our conveyancers specialise exclusively in the development of vacant land, property transfers, bond registrations, administration of deceased estates and notarial practice. Should you require assistance with a litigation, kindly contact The Legal Practice Council.

Contact AWD Law For Professional Property Advice before signing your Offer to Purchase.

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