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Ante-Nuptial – No Accrual. Special PoA
R 879.51
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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.
What excluding the system of accrual means
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.
Who this template is for
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.
What you get
An editable document in Microsoft Word, plus a PDF copy
Wording drafted and reviewed by a lawyer
Complete separation of estates, excluding the system of accrual
A special power of attorney for signing by proxy
Instant download after purchase
The part people miss
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.
Good to know
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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