Types of marriages
There are three matrimonial property regimes: marriage in community of property; marriage out of community of property and marriage out of community of property, subject to the accrual system.
Your marriage will automatically be one in community of property if you choose to marry without a marriage contract (an antenuptial contract or 'ANC'). If you decide to marry out of community of property, you need to approach a notary to draw up an ANC which is registered in the Deeds Office. If you enter into an ANC the marriage will automatically be subject to the accrual system unless you specifically exclude this from your contract.
Bregmans can help you choose which type of marriage contract is best suited to your circumstances.
OUR FEE
Meeting with you
Our fee for drafting the ANC and having it registered in the Deeds office ANC is R1500 plus VAT. This includes a meeting at our office with you and your fiancé where we advise you both of the legal implications of the various options and act as a facilitator. Once you have reached an agreement, we prepare the contract while you wait and the contract is then signed and lodged in the Deeds Office for registration. You must sign the ANC before you get married.
Virtual registration
If you already know which contract you would prefer we can liaise with you via email and can assist you no matter where you live. In that case, our fee would be R1200 plus VAT. If you live outside the Johannesburg area there would be an additional charge to courier the ANC to you when it comes out of the Deeds Office.
Featured Articles
When Africans marry, you can choose to marry by African customary law OR by the ordinary civil law of the land. An African customary marriage takes place without a civil marriage officer. The families agree on the lobola or bride-price. The ceremony takes place after the man's family has paid all or part of the lobola.
It is the social custom of the land for the wife to adopt the family name or surname of the husband, together with the designation “Mrs”.
Marriage is a contract between a man and a woman. They agree to live together as husband and wife. Like other contracts, a marriage contract has rights and duties for each partner.
A summary of some of the important provisions of our divorce laws.
The contract, endorsed by the Proudly South African Campaign and the Department of Home Affairs, is a pre-printed lobola document which the families complete by filling in personal details and the specific amounts of money involved.
When is the consent of the non-contracting spouse required? In terms of the Matrimonial Property Act certain transactions require the formal consent of a spouse, others require only informal consent and some require no consent at all.
Muslim and Hindu marriages are not recognised by law as they can be polygamous, which means the man can marry more than one wife, which is against civil law
If I am married in community of property, is it possible to change to another form of marriage contract?
Getting married in community of property is hazardous to your future. What to do about it.
What is the effect of a South African couple getting married overseas?
Whether you are already married or if you intend getting married shortly, it is important to know that this Act has a direct effect on your assets. It is, therefore, important that you consider it carefully!
This article deals with marriages in & out of community of property and Civil marriages of Africans before 1988
Can one party in a marriage in community of property bind the joint estate without the consent of the other party to the marriage?
This article discusses marriage, Customary Law, Domestic Partnerships and Islamic Marriages
As couples inevitably fall deeper in love as time goes on, particularly as the anticipation mounts for the wedding day, the absolute last aspect Mr. and Mrs. to-be feel like discussing is their marriage contract
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