We offer extensive services in dealing with family and matrimonial matters such as ante-nuptial contracts, changing of the matrimonial system, divorce, etc. Kindly contact us for more information.
Ante-nuptial contracts (ANC):
Your matrimonial system also affects your married life, and therefore an ante-nuptial contract does not only come into play in the case of a divorce, but may implicate purchasing of property, entering into agreements and business ventures, etc.
It is very important to have an anti-nuptial contract finalised (signed/ registered) before the wedding date.
Matrimonial systems in South Africa:
• In community of property: If you don't conclude/ register an ante-nuptial agreement your marriage will automatically be 'in community of property', and the state will assume that all assets and liabilities are shared - 'everything which is mine is yours, and everything which is yours is mine'.
• Out of community of property without accrual: Complete separation of property.
• Out of community of property with accrual: The 'accrual' is the extent to which the spouses respective estates have grown by the end of the marriage, in other words, the amount by which the spouses' joint wealth has increased over the period of the marriage. The spouse with the smaller accrual has a claim against the one with the greater accrual for half of the difference between the two amounts. At the initial consultation, the options will be explained to you in detail and both parties involved will decide upon an ANC tailored to best suit to your needs.
Divorce is a sensitive matter for all parties involved and it is therefore not advisable to attempt the whole of the process on your own.
A great number of arrangements need to be made when a couple gets divorced, and it is vital to ensure that the best interests of both parties, as well as any children involved are protected.
Should a divorce be uncontested or undefended and the parties reach a mutual settlement agreement relating to the terms of the divorce, the matter can be finalized in a reasonably short period of time. Should the matter however become more complicated in nature, the period of finalization and total legal fees involved will depend on the complexity of each individual case.