Types of marriages
Bregmans can help you choose which type of marriage contract is best suited to your circumstances.
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. See the Matrimonial Property Act that governs ANC's.
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. You must sign the ANC before you get married.
OUR FEE
Virtual registration
If you already know which contract you would prefer you can purchase your marriage contract, online, for our inclusive fee of R1000. To proceed, click on the “Add to basket” icon below and pay the R1000 via your credit card. Once the payment is approved, the system will send you a link to insert your names, identity documents, etc. It will then generate your marriage contract and email it to us for approval. When we return it to you for signature, we will explain the next steps.
Basically, it will prepare a power of attorney and the marriage contract for you and your fiancé to sign, authorising us to appear before a notary on your behalf. In exchange for the signed power of attorney we will hand you a letter addressed to the marriage officer. This is all you need to get married.
In due course, the marriage contract will come out of the deeds office when we will contact you to collect it. 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.
To preserve your privacy you will not reflect your net worth in the marriage contract. Read more
Face-to-face meeting with you
If you prefer to meet with us, our inclusive fee for drafting the ANC and having it registered in the Deeds office ANC is R1710. This includes a meeting at our office with you and your fiancé where we advise you 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.
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.
Describes the accrual system
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
Couples whose marriages are subject to the accrual system need to give careful consideration to the impact the accrual will have before the terms of their wills are given effect to.
When a couple decides to marry, the most important decision they have to make is to decide under what matrimonial property system they are going to marry. That is, they need to decide if they are going to get married in community of property, or out of community of property, with accrual or without accrual.
When I receive your marriage contract, I will check it for errors and then email it back to you.
To preserve your privacy there is a way to avoid reflecting your net worth in the marriage contract
Customary law marriages are governed by customary law, the Recognition of Customary Marriages Act and the Matrimonial Property Act.
The Civil Union Act, 2006 (Act No. 17 of 2006) gives same-sex couples the same rights and status as heterosexual married couples.
Is a civil marriage concluded subsequent to a customary marriage valid or not?
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