Marriage is a huge step for any couple, and if you are taking that step you’re probably thinking about a prenuptial agreement (also known as an ante nuptial contract). Although this contract is really fairly simple, it is a point of concern for many couples who are unsure of what exactly it all entails.
Rest easy, because we’re going to tell you exactly what you need here now.
Exactly What You Need for a Ante Nuptial Contract
Proof of identity
The first step in any legal process is being sure of who all is involved, and marriage is no different. This is as easy as making sure that you have a certified copy of both parties’ identity documents, which you need to take to the attorney alongside your originals (just to be sure).
Your choice of contract type
While this isn’t something you need to take with you, it helps to go to the attorneys knowing what type of ante nuptial contract you want. In South Africa, you have three basic choices:
- Marriage in Community of Property – meaning that there is a single shared estate between both parties, including all assets and liabilities (which is why this is the least recommended option).
- Marriage Out of Community of Property without the Accrual System – meaning that each party keeps their own assets, and there is no concept of sharing the assets built up in the course of the marriage.
- Marriage Out of Community of Property with the Accrual System – meaning that each party keeps their own assets going into the marriage, with the concept of sharing the assets built in the course of the marriage (but not the liabilities).
Documented value of assets going into the marriage
In the case of a marriage Out of Community of Property with the Accrual System, you need to have a record of your assets before entering into the marriage contract. In this way you know what and/or how much belonged to who before the marriage, so that in the case of the marriage ending in divorce or the death of a spouse the sharing of the assets accrued during the marriage can be handled accordingly.
An experienced attorney
Your side of things is really that easy. All you need is that proof of identity, your choice of ante nuptial contract type, and your documented value of assets going into the marriage (if you need it that is). From there all you need to do is contact an experienced attorney who handles ante nuptial contracts in Pretoria (or wherever you are) such as EngelbrechtAttorneys, and they will handle everything for you while all that is left for you to do is sign and then sit back and relax.