Marriage Contracts

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Marriage Contracts

When you marry in South Africa, you will be married either in community of property or out of community of property, depending on whether you have concluded a marriage contract (known as an antenuptial contract or prenup) before you solemnized your marriage.

If you did not conclude a marriage contract, you are automatically married in community of property. This means that you become liable for each other’s debts, even ones incurred before the marriage. From the date of marriage, you essentially lose your financial independence. It is not always the ideal marriage regime.

The better option is to conclude an antenuptial contract before you solemnize your marriage. There are various advantages in doing so, not least of which is the protection of your assets.

Your antenuptial contact can either include or exclude the accrual system in terms of the Matrimonial Property Act.  We consider your situation and advise you on the best option for you.

Simpson Incorporated charge an all inclusive fee of R980.00 for the preparation, execution and registration of your antenuptial contact.

Marriage also has other legal consequences, including estate planning. We can also assist you will the drafting and execution of a will for an additional fee of R575.00.

We look forward to being of assistance to you.