Antenuptial Agreement with Accrual Template - South Africa
Summary The Ante-Nuptial agreement with accrual is used by a prospective husband and wife to exclude assets obtained before getting married; Each spouse keeps his/her own assets and has their discretion on how to deal with their finances; Married couples are not liable for each other's debt.
Who should use this Ante-nuptial with accrual Agreement? The Ante-Nuptial agreement with accrual is used by a prospective husband and wife who want to enter into a marriage out of community of property.
What does the template Ante- nuptial contract with accrual say? The Agreement consists of: the details of both the intended husband and intended wife’s details, Accrual as it is covered in Chapter 1 of the Matrimonial Property Act, exclusions, calculation of accrual, Notary details, Signature of witnesses, Signature of Notary and the intended spouses.
What does the Ante-Nuptial Contract look like? The template ante-nuptial contract can be printed onto six A4 pages.
What do you need to do to use the Ante-Nuptial Contract?
- Read the template Ante-nuptial document to ensure that it suits your requirements. Make changes as required.
- Make sure that the blanks have been filled in, including details of any exclusions.
Also known as: Marriage agreement out of community of property with accrual
What an antenuptial agreement with accrual does
Marrying out of community of property with accrual means each of you keeps what you brought into the marriage, but you share the growth in your estates over the course of it.
If the marriage ends, the spouse whose estate grew less has a claim against the other for half the difference. That is the accrual.
Who this template is for
An antenuptial agreement with accrual suits couples in South Africa who want to marry out of community of property but still want the growth built up during the marriage to be shared.
What you get
- An editable document in Microsoft Word, plus a PDF copy
- Wording drafted and reviewed by a lawyer
- Space to record the commencement values of each estate and any excluded assets
- Instant download after purchase
The part people miss
An antenuptial contract has to be signed before the wedding, in front of a notary public, and then registered at the Deeds Office. A draft that never gets to a notary does not do the job.
Recording the commencement value of each estate accurately matters too, because that figure is what the accrual is measured against years later.
Good to know
An antenuptial agreement with accrual is a template for you to adapt and take to a notary.
This is a template for you to adapt and take to a notary, not legal advice on your own circumstances. Because an antenuptial contract decides how your assets are treated for the whole marriage, it is worth talking it through with an attorney or notary before you sign.
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