FAQ

1.1. Do we still have enough time before wedding?

You only need to sign the Antenuptial Agreement before the wedding.

1.2. How quickly can your firm draft the antenuptial agreement?

It can all be done within a few hours. On receipt of your instructions, we will draft the agreement immediately and e-mail it to you to sign. You then e-mail / fax us the signed agreement, once we confirmed it is signed correctly we will issue you with a Certificate of Confirmation, which the marriage officer will need. Then you can get married.

1.3. When can i get married?

As soon as you signed the Antenuptial Agreement. You don’t have to wait until the Antenuptial Agreement is registered in the Deeds Office.

1.4. Are we married once the antenuptial agreement is signed?

No, you still need to go through the formal ceremony with a registered Marriage Officer.

1.5. What documents are needed?

Completed and signed Instruction Form, copies of Identity documents, proof of residential address and proof of payment. If previously married, divorce order or death certificate of previous spouse.

1.6. Must the antenuptial agreement be signed in front of a notary?

Yes

1.7. Do I have to sign in person at the notary’s office?

No, you can sign from anywhere in the world.

  • We will e-mail you the Antenuptial Agreement with a Power of Attorney, whereby you authorise a lawyer from our offices to appear on your behalf in front of the Notary and sign the Antenuptial Agreement on your behalf. The Lawyer only signs what you authorise him/her to sign. It is very important that you sign and fax/e-mail us the signed draft agreement BEFORE you get married to enable us to confirm that it is signed correctly.
  • On receipt of the correctly signed Antenuptial Agreement with a Power of Attorney, the Lawyer will sign on your behalf in front of the Notary and we will e-mail you a Certificate of Confirmation (for the Marriage Officer)
  • You must then post (or hand-deliver) to us the original signed draft agreement as soon as possible thereafter.

1.8. How can the antenuptial agreement be signed?

The Antenuptial agreement must be signed in front of a Notary.  

You can sign the Antenuptial Agreement in one of two ways:

  1. In person at our offices in front of our Notary; or
  2. From anywhere in the world.
  • We will e-mail you the Antenuptial Agreement with a Power of Attorney, whereby you authorise a lawyer from our offices to appear on your behalf in front of the Notary and sign the Antenuptial Agreement on your behalf. The Lawyer only signs what you authorise him/her to sign. It is very important that you sign and fax/e-mail us the signed draft agreement BEFORE you get married to enable us to confirm that it is signed correctly.
  • On receipt of the correctly signed Antenuptial Agreement with a Power of Attorney, the Lawyer will sign on your behalf in front of the Notary and we will e-mail you a Certificate of Confirmation (for the Marriage Officer)
  • You must then post (or hand-deliver) to us the original signed draft agreement as soon as possible thereafter.

1.9. When will I received a letter for the marriage officer?

We will send you a Certificate of Confirmation as soon as you signed the Antenuptial Agreement.

1.10. What is a notary?

An Attorney with an additional qualification and authority to perform certain specialised legal services, such as Antenuptial Agreements.

1.11. What are the costs?

R1 500-00, all inclusive (also the registration costs of the Deeds Office)

1.12. Are the costs for the registration of the antenuptial agreement at the deeds office included?

Yes

1.13. What hidden costs are there?

None

1.14. What services are included in the costs?

The following are included in the costs:

Drafting of ANTENUPTIAL AGREEMENT

Advice on contents of ANTENUPTIAL AGREEMENT given your specific circumstances

Attending to amendments to the ANTENUPTIAL AGREEMENT on your instructions

Instructions on signing of the ANTENUPTIAL AGREEMENT

Registration in the Deeds Office in Cape Town

Delivery of the original registered ANTENUPTIAL AGREEMENT to you for safe-keeping

1.15. Must the antenuptial agreement be registered at the deed offices?

Yes

1.16. When must the antenuptial agreement be registered at the deed offices?

Within 3 months after you signed the Antenuptial Agreement in the RSA and  within 6 months if it is signed outside of the RSA.

1.17. Who attend to the registration of the antenuptial agreement at the deeds office?

Our Firm

1.18. At which deeds office will my antenuptial agreement be registered?

Cape Town

1.19. Why does your firm work virtually?

We save you the costs, time and hassle to attend our offices.

1.20. Do I have to declare the value of my assets if i get married without the accrual system?

No

1.21. What is the accrual system?

A legal system whereby the growth (accrual) of each spouse’s estate since the start of the marriage are calculated at the end of the marriage. The growths are added together and each spouse is entitled to a half thereof. The spouse with the smaller accrual will have a claim against the spouse with the bigger accrual.

1.22. What is accrual?

The Rand value of the increase in your estate from the date of marriage until the end thereof.

1.23. What is an estate?

The combination of all your assets and liabilities.

1.24. Why is it so important to understand the accrual system?

It may happen that either of you may directly or indirectly assist the other one in building up his / her estate in future. The one may interrupt his/her career for family reasons or in some other way enable the other party to build up an estate.

Should you get married WITH the accrual system, certain accrual calculations will be done when the marriage is terminated (by death or divorce) to determine what each spouse acquired since date of marriage. Should one spouse acquired a larger estate than the other since date of marriage, the difference between the estates is split, so that each spouse gets half of what they both together acquired since date of marriage. This was designed to bring some fairness and equality in the division of the assets, where the marriage is seen as a partnership and the partners assist each other during the marriage directly / indirectly to build up an estate.

Should you get married WITHOUT the accrual system, no such calculations are done. Even if the one spouse built up an empire and the other one spouse never earned any income. The spouse with the smaller estate will not be able to claim anything from the one with the empire.

1.25. Is the accrual system the same as being married in community of property?

No. Irrespective of if you get married WITH or WITHOUT the accrual system, both marriages are OUT of community of property. Each has his/her own assets and liabilities, and it protected should the other become insolvent.

1.26. Will I be liable for my spouse’s debt if I get married with the accrual system?

No

1.27. How do I calculate my net start value?

Add up the value of ALL your assets (excluding the value of EXCLUDED ASSETS) and deduct all your liabilities and debt. The difference in Rand is your NET START VALUE.

1.28. We don’t know what the value of our assets are?

You can still sign an Antenuptial Agreement. We will add a clause in the Antenuptial Agreement that you will declare your net start value within 6 months after the wedding to the Notary.

1.29. We want to keep the value of our assets private?

You can still sign an Antenuptial Agreement. We will add a clause in the Antenuptial Agreement that you will declare your net start value within 6 months after the wedding to the Notary. The additional statement is not registered in the Deeds Office.

1.30. Can my net start value be negative?

No. Your will have to start with Rnil. The negative amount can be added to the net value of the other party’s estate to compensate for this.

1.31. Which assets can I exclude from the accrual system?

Any asset, that you currently have and which will probably increase in value in future, may be excluded from the accrual calculations to be done when the marriage ends. These assets are kept separate and not taken into account when the nett start value is determined, or when growth in the estate of a spouse is calculated.

Examples of excluded assets are immovable property, pension, investments, shares or any other asset that grows in value

1.32. Do I have to declare the value of the excluded assets?

No

1.33. Can I exclude future assets?

No

1.34. Are inheritances excluded from the accrual system?

Yes, by Law.

1.35. Can we delay the implementation of the accrual system?

Yes, for instance when the couple’s first child is born.

1.36. Do my parents have to sign on my behalf?

Only if you are younger than 18.

1.37. Can I change the antenuptial agreement before I get married?

Yes. It is better to make sure that you don’t have to change it, because there will be additional costs involved.

1.38. Can I change the antenuptial agreement after I got married?

Yes, but it will involve an expensive and lengthy Court Application.

1.39. Do the same legal principle apply to a civil union or sex marriage?

Yes

1.40. Do the same legal principle apply to a black marriages?

Yes, after 1988 the same legal principles apply for a Civil Marriages, irrespective of race.

1.41. My partner is not a SA resident, will the SA law be applicable?

The laws of the Country where the husband is domiciled (ordinarily resides after his world travels) will apply to your marriage. Only if he sees SA as his country to which he ordinarily returns and resides, will the SA law apply.