Engelbrecht Attorneys specialise in drawing up detailed marriage contracts between you and your partner when you decide to tie-the-knot.
Our comprehensive services include consultation, drafting, logdment, ante nuptial contract registration and delivery of the marriage agreement. We promise you no hidden fees and thoroughness throughout the process.
Cost For Marriage Contracts Pretoria:
R2,200-00 – includes the consultation (competent legal advice), drafting, lodgment, antenuptial contract registration and delivery of your marriage contract from our offices in Pretoria East.
- Assets: Anything of value owned by a person for example a house, a car, pension money etc.
- Liability: Any debt incurred for example a mortgage bond, a motor vehicle bond, a credit card
- Estate – every person has an estate, no matter how big or how small. Your estate consists of the value of any assets you own minus the value of the liabilities or debts you have. For example; you have R20 000.00 worth of savings and a car with the value of R200 000.00, but you have R5000.00 worth of credit card debt and a bond repayment of R150 000.00 on your car. The value of your estate will be calculated as follows:
R20 000 + R200 000 = R220 000 Minus (R5000 + R150 000) = R155 000 R65 000
- The marriage will be dissolved by the death of one/both spouses or by a divorce.
Types of Marriage Contracts in South Africa
There are basically three types of marriages in South African Family Law today:
- Marriage In Community of Property = one communal estate, liable for each other’s debt;
- Marriage out of Community of Property without the Accrual = no profit or loss, without the concept of sharing;
- Marriage Out of Community of Property with the Accrual = no profit or loss, with the concept of sharing
Changes To Matrimonial Property System
Married couples married in community of property sometimes want to change being married out of community of property. This decision can be based on primarily 2 reasons:
- The one spouse is insolvent
- when you are doing corporate restructuring or for asset protection
One way to change to being married out of community of property (with of without accrual)
- Apply to the High Court for your assets and debts to get divided and declare that you are married out of community of property with or without accrual.