Condominium Marriage (antenuptial) A marriage in the Property Community is the standard marriage scheme applicable to the parties, since if the parties do not enter into an annulment agreement, this system applies automatically. In a marriage agreement without compensation, significant increases in the wealth or debts of one party during the marriage are not shared by the other party in the event of death or divorce. An antenuptial contract without delimitation is like getting married, but staying single regarding your finances. The succession of each partner remains exclusively before, during and after the marriage: a conjugal agreement with the exercise limit is equivalent to a conjugal agreement without distinction, except that the increases or decreases are shared in each partner`s discounts. Make an appointment now with Cape Town`s divorce lawyers to guide you through the contract options, answer your questions and establish the agreement you think is best for you. There are two marriage contracts: co-ownership or an association agreement. If you decide to get married in a property community, your assets will be evenly divided. If you do not want your assets released, you must sign a cancellation agreement before you get married. If you do not sign an antenuptial contract, you will automatically be married in a property community. A cancellation agreement must be entered into before the marriage is concluded.

The agreement must be signed before a notary and two witnesses. The agreement is submitted to the clerk responsible for the facts. It is recommended to enter into the antenuptial contract well in advance of the date of the marriage breakdown, as your marriage agent needs a letter confirming that you have entered into such an ANC by the editorial lawyer. This agreement brings together everything you and your partner owned before and during your marriage. This excludes all the items you have inherited. Your marriage will automatically be one in the property community if you decide to marry without a marriage contract (an antenuptial contract or `ANC`). If you decide to get married from the condominium, you must contact a notary to create a Deeds Office-registered ANC. If you sign up for an NNA, the marriage is automatically subject to the delimitation system, unless you expressly exclude it from your contract. You must sign the ANC before you get married. The decision to marry in the condominium or with a conjugal agreement determines who gets what in the event of death or divorce.

The wrong decision can lead to great emotional hardship, delays and frustration. This is an important issue that must be carefully considered by all pre-subjects. As leading South African family lawyers, we see the practical consequence of the day-to-day decisions of the matrimonial regime. Our experience can help you make the best choice and ensure that your prenup or cohabitation agreement meets your requirements. An antenuptial contract, also known as an ANC contract or marriage contract in South Africa, regulates the terms of a marriage between potential spouses. A premarital agreement (also known as a conjugal or pre-marital agreement) is a written contract between two people about to marry or enter into a civil union.