PHYSICAL ADDRESS
4th Floor One Sturdee
1 Sturdee Avenue
Rosebank 2196
Johannesburg
South Africa
POSTAL ADDRESS
P O Box 72382
Parkview 2122
Johannesburg
attorneys@couzyns.co.za
TELEPHONE
+27 (0) 11 788 0188
FAX
Litigation
+27 (0) 11788 0166
Conveyancing
+27 (0) 11 788 0165
DOCEX
DX 103, JOHANNESBURG
LITIGATION
High Court, Johannesburg
Magistrate’s Courts of Johannesburg and Randburg
Labour Court, Johannesburg
Constitutional Court, Johannesburg
Central Divorce Court, Johannesburg
CONVEYANCING
Johannesburg Deeds office
(Lodgement number 37)
Pretoria Deeds Office
(Lodgement number 369)
Legal notice:
The contents of this website are made available without charge for general information and are not intended as legal or other professional advice. As every situation depends on its own facts and circumstances, specific professional advice should be sought and relied upon. Whilst the information is updated regularly, we cannot be held responsible for any inaccuracy, errors or omissions.
Most people know that they should enter into an antenuptial (pre marriage) contract before the big day, but few are aware of the different options available to them. In South Africa you have a choice between three marital regimes, namely:
The latter two can only be achieved by entering into an antenuptial contract before you get married.
If you don’t, you will automatically be married in community of property. The main disadvantage of a marriage in community of property is that the spouses have a single estate. Should one partner be reckless with his financial affairs, it will adversely affect the other partner, as they will be liable for each other’s debts. The partners will however also be joint owners of all property in the estate. This marital regime is not recommended for spouses running independent businesses.
The alternatives are:
Marriage out of community of property with application of the accrual system
Each partner maintain control over his/her own estate, are liable for his/her own debts and independently own property from the other. The partners declare the value of their individual estates at the beginning of the marriage in the ante nuptial contract and the final values are calculated at dissolution of the marriage. This can be through either divorce or death of one partner.
The accrual (increase in the value of the estate) of the spouses’ estates is determined by calculating the difference between the value of the estate in the ante nuptial contract and the nett value at the end of the marriage, with due regard to the effect of inflation.
The partner whose estate accrued the least is entitled to one half of the difference between the accrual of the two individual estates.
Marriage out of community of property excluding the accrual system.
With this contract each partners maintains a separate estate. Neither partner can claim against the other partner at dissolution of the marriage, except for a possible maintenance claim.
Finally:
Only an attorney who is admitted as a notary can execute an antenuptial contract. Your attorney can also advise you on any concerns or questions you might have.