Ante-nuptial agreement without accrual enables out of community marriage with separate financial growth and special power of attorney.
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Ante-Nuptial – No Accrual. Special PoA
R 879.51
An ante nuptial agreement excluding the system of accrual, with a special power of attorney so the contract can be signed on your behalf if you cannot attend the notary.
The Ante-Nuptial agreement with accrual is used by a prospective husband and wife who want to be married out of community of property and do not want the System of Accrual to apply to their marriage. This agreement includes where you have entered into a Special Power of Attorney with another party to appear in front of the Notary on your behalf. A special Power of Attorney Template is included.
Marrying out of community of property while excluding the system of accrual keeps the two estates entirely separate. What each of you owns before the marriage stays yours, and so does anything built up during it.
Neither spouse has a claim on growth in the other estate, so there is no accrual calculation to do if the marriage ends.
Couples who want complete separation of finances, which often matters where one partner runs a business and the other should not be exposed to that risk, and who need the option for one partner to sign by proxy.
The contract has to be signed before the wedding, in front of a notary public, and registered at the Deeds Office afterwards. Once you are married, changing the matrimonial property regime means a High Court application.
This is a template for you to adapt and take to a notary, not legal advice on your own circumstances. A power of attorney gives someone authority to act for you, so be clear about what you are granting before you sign.
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