Which Type of Marriage Contract is best suited to your circumstances?

THERE ARE 3 MARRIAGE REGIMES IN SOUTH AFRICA:

Marriage
In-Community of Property

Prenup Is Not Required

Your marriage will automatically be in-community of property if you choose to marry without a Prenup.

In community of property entails that the spouses become tied co-owners in undivided and indivisible half-shares of all the assets and liabilities they have at the time of their marriage as well as all the assets and liabilities they acquire during the marriage.
The spouses cannot divide the joint estate during the subsistence of the marriage, for their half-shares are not only undivided, but also indivisible for as long as the marriage lasts.
The moment spouses enter into a marriage in community of property, they become co-owners of all the assets either of them owns. Generally, all assets acquired by either spouse after marriage also become part of the joint estate. The transfer of ownership which occurs when spouses enter into marriage in community of property takes place automatically by operation of law so that no delivery of movable property, registration of immoveable property, cession of rights, and so on, is necessary.

Marriage
Out of Community of Property

(Without Accrual)

Prenup Is Required

We can assist you with a Prenup if you decide to marry out of community of property without the accrual system.

This type of prenup needs to be signed before the wedding date.
Assets are owned by each party individually.
You are not liable for your spouse’s debts.
When one of the parties gets insolvent, creditors may not attach the assets of the other party.
You do not need your spouse’s consent/signature for entering any future legal contracts.
When the marriage dissolves by death or divorce, each party is only entitled to his/her own assets.
If assets were bought together, during marriage, the assets need to be shares proportionally between the parties.

Marriage
Out of Community of Property

(With the Accrual)

Prenup Is Required

We can assist you with a Prenup if you decide to marry out of community of property with the accrual system.

This type of prenup needs to be signed before the wedding date.
The term “accrual” refers to the net increase in value of a spouse’s estate since the date of the marriage.
Assets owned before your marriage needs to be specifically excluded and does not form part of the accrual.
When the marriage dissolves by death or divorce, spouses will retain their own property and will share everything they’ve acquired during the marriage.
“What was yours before marriage remains yours, and whatever was acquired during marriage will be shared proportionally between the spouses”.
The party with the smallest estate is entitled to claim half of the value of the growth of the estate.
Growth is calculated by determining the difference between the Nett start value of each estate and the end value of each estate at the end of marriage.

In collaboration with Eileen Visser Attorneys

“We love each other, want to be in everything together and we’re never going to divorce”.

Entering a marriage contract (Prenup) does not mean that you do not love each other unconditionally.

Get engaged

Approach Prenup.co.za at least 1 month prior to your wedding date

To proceed with your Prenup, complete the fields below and click the “Submit” button

Prenup Form

A marriage contract MUST be signed before marriage. Such contract should be in writing, signed before a notary and must be registered in the Deeds registry within three (3) months after date of signature.