Getting married is an exciting milestone in anyone`s life, but before you tie the knot, it`s important to consider what would happen to your assets in the event of a divorce. In South Africa, couples have the option to enter into an antenuptial contract, also known as a prenuptial agreement, to protect their individual assets.
If you`re planning to get married in South Africa and are looking to register an antenuptial contract, here`s what you need to know:
1. Choose an attorney
To register an antenuptial contract, you`ll need to hire an attorney. It`s important to choose an attorney who is experienced in drafting antenuptial contracts and who will be able to guide you through the process. Look for an attorney who has a good track record and who is trustworthy.
2. Decide on the type of antenuptial contract
There are two types of antenuptial contracts in South Africa: with or without accrual. A contract with accrual means that all assets acquired during the marriage will be split equally in the event of a divorce, whereas a contract without accrual means that each person`s assets remain separate, regardless of when they were acquired.
3. Draft the contract
Your attorney will draft the antenuptial contract based on your specifications. It`s important to make sure that the contract is clear and thorough to avoid any confusion or disputes in the future. You`ll also need to sign the contract in the presence of two witnesses.
4. Register the contract
Once the contract has been signed, it needs to be registered at the Deeds Office. This can be done by your attorney, who will also provide you with a registration certificate once the process is complete.
5. File the contract with the Registrar of Deeds
It`s important to file the contract with the Registrar of Deeds in addition to registering it at the Deeds Office. Filing the contract ensures that it is available for public record and can be accessed in the future if necessary.
In conclusion, registering an antenuptial contract in South Africa is a straightforward process that can help protect your assets in the event of a divorce. By following these steps and working with an experienced attorney, you can ensure that your contract is legally binding and provides the peace of mind you need to enjoy your marriage.