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Ante Nuptial Contracts

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Ante Nuptial Contracts

Antenuptual Contract (ANC) Without Accrual (Out Of Community Of Property, Accrual Excluded) Martin Vermaak Attorneys

This form of marriage means that your Attorney will draw up an Ante Nuptial Contract that simply states that whatever you brought into the marriage will remain yours and you are allowed to do with your possession whatever you choose without obtaining prior consent from your spouse.

However, If the husband builds up his estate but the wife’s income is perhaps spent on consumable household necessities then the wife has no claim to a share of the husband’s estate – and vice versa. There is no financial equality.

This model can be recommended where each party already has their own substantial estate or income, and could therefore be appropriate in cases of second or further marriages.

Martin Vermaak Attorneys specialises in Ante Nuptial Contracts, ANC, Prenups in Johannesburg and Pretoria.

ANC With Accrual (Out Of Community Of Property With Accrual)

This form of marriage is very popular. It is based on equality and managed as a partnership.

Your Attorney will draw up a contract which basically states that whatever you brought into the marriage can be included in the accrual. If no assets and no commencement value of the estates is mentioned in the ante nuptial contract, it will be considered that the value of the estates at the commencement of the marriage was nil.

Additional assets that are either inherited, or perhaps damages for personal injury, as well as donations, are excluded from accrual, unless the spouses agree otherwise in their ante nuptial contract. So basically, whatever the parties jointly acquired is considered to be part of the accrual. 

Upon termination of the marriage, whether by death or divorce, the net estate values are determined separately, and the larger estate must then transfer half of the difference to the smaller estate.  This is however only applicable to the above scenario and therefore not attachable in the case of a judgment or insolvency.

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