Wade Theron Inc. Attorneys assists couples with preparing, signing and registering antenuptial contracts in Boksburg and surrounding areas. We explain the differences between marriage with accrual and without accrual, help couples choose a matrimonial property system suited to their circumstances and ensure the agreement is completed before the marriage takes place.
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Experienced Antenuptial Contract Assistance in Boksburg
An antenuptial contract, often called an ANC or prenuptial agreement, determines how the spouses’ property, assets and liabilities will be treated during the marriage and when the marriage ends through divorce or death.
Without an antenuptial contract, a civil marriage will generally be in community of property. The spouses’ estates are joined into one joint estate, and assets and liabilities are generally shared. An ANC allows the couple to marry out of community of property, either with the accrual system or without it.
The decision should be made with a proper understanding of its long-term consequences. The appropriate option may depend on existing assets, business interests, debt exposure, expected career growth, children from previous relationships and how the couple wants future wealth to be shared.
Wade Theron Inc. Attorneys provides clear and practical advice to couples in Boksburg and surrounding areas. We help clients understand what they are agreeing to rather than presenting the ANC as a standard document that merely needs to be signed before the wedding.
Antenuptial Contract Services in Boksburg
Our attorneys can assist with:
- Explaining the available matrimonial property systems
- Drafting an antenuptial contract with accrual
- Drafting an antenuptial contract without accrual
- Recording commencement values
- Identifying assets that should be excluded from accrual
- Addressing existing businesses, property and liabilities
- Preparing the contract for notarial execution
- Arranging registration in the Deeds Registry
- Advising couples planning civil or customary marriages
- Assisting with applications to change a matrimonial property system after marriage
The contract should reflect the couple’s actual circumstances. A person who owns a business, has substantial debt or expects to receive family assets may require different provisions from a couple beginning the marriage with limited assets and similar financial positions.
Why an Antenuptial Contract Matters
Marriage creates legal and financial consequences that extend beyond the wedding ceremony.
The chosen matrimonial property system can affect ownership of assets, responsibility for liabilities, financial independence during the marriage and the division of property after divorce or death. It may also affect how creditors, banks, business partners, executors and other third parties understand the spouses’ financial positions.
An antenuptial contract allows the couple to discuss those consequences in advance and record their chosen system clearly. It does not necessarily mean that the spouses expect the marriage to fail or want to keep every aspect of their finances separate.
For many couples, the ANC is a form of responsible planning. It creates greater clarity about how existing property will be treated and how financial growth during the marriage will be shared.
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Marriage in Community of Property
A couple who marries without a valid antenuptial contract will generally be married in community of property.
Their separate estates combine into a joint estate. Assets and liabilities held before the marriage and acquired during it will generally form part of that estate, subject to limited legal exceptions.
Each spouse has an equal interest in the joint estate, but certain important transactions require the consent of the other spouse. The financial conduct or debt exposure of one spouse may therefore affect the joint estate and the other spouse’s position.
Marriage in community of property may be suitable for some couples, but it should be chosen deliberately rather than becoming the default merely because the ANC was left too late.
Marriage Out of Community of Property With Accrual
Marriage with accrual allows each spouse to retain a separate estate during the marriage while sharing in the growth of their estates when the marriage ends.
The assets and liabilities of one spouse do not automatically become part of the other spouse’s estate during the marriage. Each spouse can generally own property, operate a business and manage their own financial affairs separately.
At divorce or death, the net growth of each estate is calculated. The spouse whose estate grew less may have a claim for half the difference between the accrual of the two estates. The claim ordinarily arises only when the marriage is dissolved.
For example, if one spouse’s estate experiences significantly greater growth during the marriage, the accrual system can allow the other spouse to share in part of that growth. This may recognise that spouses contribute to a marriage and household in different ways, even where only one person directly earns or accumulates most of the wealth.
Accrual does not ordinarily mean that every purchase or salary is split between the spouses while they remain married. Their estates stay separate during the marriage, with the sharing calculation generally taking place at its end.
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Commencement Values Under the Accrual System
A commencement value records the net value of each spouse’s estate at the beginning of the marriage.
This figure is important because accrual measures how much the estate grew from its starting position. A person’s liabilities must therefore be considered together with their assets when determining the commencement value.
The value may be declared in the antenuptial contract. Where it is not included in the ANC, the Matrimonial Property Act permits it to be declared in a separate notarial statement before the marriage or within six months afterwards. If no value is properly declared and a contrary value cannot later be proved, the starting value may be treated as nil.
Clients should provide accurate information about property, investments, vehicles, companies, loans and other material assets and liabilities. Recording an unrealistic figure can create complications if an accrual claim must eventually be calculated.
Assets Excluded From Accrual
A couple may agree that specified assets will not be included in the accrual calculation.
An exclusion may be considered where one spouse already owns a business, property, investment or other asset that they want to keep outside the sharing calculation. The asset should be described clearly enough to identify what has been excluded.
The effect of an exclusion can extend to assets acquired through ownership or disposal of the original excluded asset. The wording and financial consequences should therefore be understood before the contract is signed.
The couple should avoid excluding assets mechanically merely because a template allows it. Exclusions can materially change the balance of the agreement, particularly where the excluded asset is expected to grow substantially during a long marriage.
Inheritances, Legacies and Donations
Under the statutory accrual system, inheritances, legacies and donations received from third parties during the marriage are generally excluded from the beneficiary spouse’s accrual unless the antenuptial contract or the person making the gift or bequest provides otherwise.
The treatment of income, replacements or assets acquired using inherited property may require closer consideration. Records should be maintained so that excluded property can be identified if the marriage later ends.
Couples with expected family inheritances, family businesses or trust interests should raise these issues during the consultation rather than assume that every future benefit will automatically be dealt with in the same way.
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Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Marriage Out of Community of Property Without Accrual
A marriage without accrual keeps the spouses’ estates separate both during the marriage and when the marriage ends.
Each spouse generally retains the assets and liabilities they brought into the marriage and those acquired afterwards. There is no automatic claim to share in the growth of the other spouse’s estate merely because the marriage ends.
The Matrimonial Property Act provides that accrual applies to a marriage out of community of property unless the antenuptial contract expressly excludes it. A couple who wants no accrual must therefore make that choice clearly in the ANC.
This option may suit couples who want complete financial separation, but its consequences should be carefully considered. A spouse who leaves employment, earns less or assumes more unpaid household and caregiving responsibilities may not automatically share in the other spouse’s financial growth.
Choosing no accrual simply because it sounds like the strongest form of asset protection may produce an outcome the couple did not fully intend.
Choosing Between Accrual and No Accrual in Boksburg
There is no matrimonial property system that is automatically best for every couple.
Marriage with accrual can combine financial independence during the marriage with a sharing of growth when it ends. Marriage without accrual provides greater separation but may produce a substantial financial imbalance where one spouse accumulates considerably more wealth.
The discussion should consider the couple’s present position as well as their likely future circumstances. Relevant issues may include income differences, career plans, existing property, businesses, debt, financial dependants and whether either person expects to step away from paid employment to care for children.
Both partners should understand the contract and have an opportunity to raise questions. The decision should not be made under pressure from a family member, wedding deadline or the financially stronger partner.
Antenuptial Contracts for Business Owners
A business owner may want to prevent the marriage from creating a joint estate and reduce the possibility that business-related liabilities affect the spouse directly.
An ANC can record the chosen matrimonial system and, where appropriate, exclude a clearly identified existing business from the accrual calculation. However, the contract does not make a business immune from its own debts or remove valid personal guarantees given by the owner.
The ANC should also be considered together with shareholder agreements, partnership agreements, succession plans and estate-planning documents. Those arrangements may affect what happens to the business interest after divorce or death.
A person planning to start a business after marriage should also understand how future business growth may be treated under accrual. The fact that the business is registered only in one spouse’s name does not necessarily mean its value will be irrelevant to a future accrual calculation.
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Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Property Ownership and an Antenuptial Contract
An ANC does not automatically transfer property from one spouse to another or determine who appears as the registered owner of every property acquired during the marriage.
In a marriage out of community of property, property may be registered in one spouse’s name or jointly in both names. Ownership is determined by the acquisition and registration arrangements, while the ANC determines the wider matrimonial property system.
Where one spouse already owns a home, the couple should discuss whether it will remain part of that spouse’s estate and whether its value or growth should be excluded from accrual.
Where the couple intends buying property together, they should consider ownership shares, bond liability and contributions towards deposits and repayments. The ANC should form part of broader financial planning rather than being treated as a substitute for the purchase and ownership documents.
Existing Debts and Financial Risk
A major reason couples consider an antenuptial contract is to avoid combining their estates and liabilities into one joint estate.
Marriage out of community of property generally allows each spouse to maintain a separate estate. However, an ANC does not cancel existing debt or prevent a creditor from pursuing a spouse who personally incurred a liability, signed as surety or jointly entered into an agreement.
Couples should disclose material debts to each other before choosing their matrimonial system. This may include home loans, personal loans, tax liabilities, business guarantees and judgments.
The contract should support transparent financial planning rather than being used to conceal assets or defeat existing creditors.
Antenuptial Contracts for Second Marriages and Blended Families
A second marriage may involve property accumulated over many years, children from previous relationships and existing maintenance or estate-planning responsibilities.
An ANC can help separate existing estates and clarify whether future growth will be shared. However, it should be coordinated with the spouses’ wills, beneficiary nominations, trusts and succession plans.
An antenuptial contract does not replace a will. The ANC governs the matrimonial property system, while the will deals with the distribution of the deceased spouse’s estate, subject to applicable legal rights and obligations.
Couples with children from earlier relationships should therefore consider their matrimonial and estate planning together. This can reduce the risk of conflicting documents and unintended consequences after death.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
The Antenuptial Contract Process in Boksburg
The process begins with a consultation about the couple’s assets, liabilities, businesses and preferred matrimonial property system.
The attorney explains marriage in community of property, marriage with accrual and marriage without accrual. Once the couple has made an informed choice, the ANC is drafted to reflect that decision, including commencement values and specific exclusions where applicable.
The contract must be executed before the marriage and attested by a notary public. It must then be tendered for registration in a Deeds Registry within the prescribed period. The Deeds Registries Act currently provides a two-month period after execution for an ANC executed in South Africa to be tendered for registration, unless a court permits an extension.
The marriage may take place before the Deeds Registry completes the registration, provided the contract was properly executed before the marriage and is lodged within the required period.
Once registered, the Deeds Registry maintains a record of the antenuptial contract.
Sign the ANC Before Getting Married
An antenuptial contract must be signed and notarially executed before the marriage is concluded.
Couples should contact the attorney well before the wedding date. Leaving the ANC until the final days before the wedding creates avoidable pressure and may not leave enough time to discuss exclusions, commencement values or the difference between accrual and no accrual properly.
The wedding venue, ceremony planning and marriage officer do not replace the legal work required for the ANC. The couple should confirm that the contract has been executed rather than assuming that an initial consultation or unsigned draft is sufficient.
Where a customary marriage is planned, advice should be obtained before the marriage is negotiated, concluded or celebrated under customary law. The legal date of a customary marriage may not necessarily be the later date on which it is registered with Home Affairs.
Antenuptial Contracts and Customary Marriages
A monogamous customary marriage is generally in community of property unless the spouses exclude those consequences through an antenuptial contract regulating their matrimonial property system.
The ANC must be concluded before the customary marriage comes into existence. Registration at Home Affairs is important evidence of the marriage, but failure to register a valid customary marriage does not itself make the marriage invalid.
Couples should therefore not assume that they can complete customary marriage requirements, register the marriage later and sign an ANC in between. The timing and validity of a customary marriage depend on how it was negotiated and entered into under the applicable customs.
A couple who has already begun lobola negotiations or participated in customary ceremonies should explain the full circumstances to the attorney before signing an ANC. Legal advice may be required to determine whether a valid customary marriage already exists.
Different requirements apply where a person in an existing customary marriage intends entering into a further customary marriage. A court-approved written contract regulating the future matrimonial property system may be required.
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The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
What Happens If You Are Already Married?
A couple who is already married cannot ordinarily change their matrimonial property system simply by signing a standard antenuptial contract afterward.
Section 21 of the Matrimonial Property Act provides a court process through which spouses may jointly apply to change the system governing their marriage. The court must be satisfied that there are sound reasons for the proposed change, that creditors received sufficient notice and that no other person will be prejudiced.
The application is more involved and expensive than preparing an ANC before marriage. It may require notices to creditors, publication and a proposed notarial contract that will be registered if the court grants the order.
There is also a narrower process where the couple agreed on ANC terms before the marriage but failed to execute the contract correctly. The Deeds Registries Act allows a court, in suitable circumstances, to authorise the postnuptial execution and registration of a contract having the effect of the earlier antenuptial agreement.
Anyone who discovers after the wedding that the ANC was not signed, attested or lodged correctly should obtain legal advice promptly.
What to Bring to an ANC Consultation
Where available, bring:
- Identity documents for both partners
- The planned date and type of marriage
- Current residential and contact details
- A general list of existing assets and liabilities
- Details of property owned by either partner
- Information about businesses, shares or partnership interests
- Proposed commencement values
- Details of assets either partner may want excluded from accrual
- Information about any existing customary marriage process
- Details of previous marriages or financial obligations where relevant
Exact valuations are not always required before the first consultation. The attorney can explain which information must be confirmed before the contract is finalised.
Antenuptial Contract Lawyers Serving Boksburg and Surrounding Areas
Wade Theron Inc. Attorneys assists couples throughout Boksburg, including Bartlett, Beyers Park, Bardene, Ravenswood, Atlasville, Impala Park, Jansen Park, Parkrand, Sunward Park, Libradene, Freeway Park, Boksburg North and Boksburg Central.
We also assist couples from Benoni, Kempton Park, Germiston, Edenvale, Bedfordview, Alberton, Brakpan, Springs and other nearby areas.
The consultation and drafting process can begin remotely where appropriate, although the contract must still be executed according to the required notarial formalities before the marriage.
Extremely helpful and friendly.
The best attorneys I've worked with ever!
I would recommend WTI to everyone!!
Thank you Samantha for your dedication to my case.
I was always informed on the status of my matters without the hassle of contacting them all the time like I've experienced with so many other Attorneys.
I highly recommend their services!
Speak to an Antenuptial Contract Lawyer in Boksburg
The matrimonial property system chosen before marriage can affect both spouses for many years. Obtaining advice early gives the couple time to understand the options, discuss the treatment of important assets and complete the required legal process before the wedding.
Contact Wade Theron Inc. Attorneys for assistance with antenuptial contracts, accrual, marriage without accrual, commencement values and registration in Boksburg and surrounding areas.