C

1

• C A FRIEDLANDER
• A T T O R N E Y S
• PRESENT

2
The Antenuptial Contract
3
featuring
John and Sally The older couple
Peter Julia The young couple
Mike Ali The wealthy couple
4
There are three ways in which you can be married
Marriage in Community of Property No Contract
Marriage out of Community of Property Antenuptial
Contract Without Accrual Sharing
Marriage out of Community of Property Antenuptial
Contract With Accrual Sharing
5
Lets consider the options and pick the one which
will serve you best in the event of the
termination of your marriage, by death or
divorce.
6
Marriage in Community of PropertyNo Contract

• This is when spouses pool their separate estates
  and each becomes an equal, undivided one-half
  shareholder in the joint estate.
• The 50/50 sharing includes liabilities as well as
  assets.
• Both spouses must agree to certain financial
  transactions.
• Marrying in community of property is risky.

• You are automatically married in community of
  property unless you chose to sign an antenuptial
  contract (ANC)

7
Marriage in Community of PropertyNo Contract

• Julia could benefit from this regime if Peter is
  responsible and runs a successful business.
• On the other hand if Peter goes on a spending
  spree , or borrows money to support his gambling
  habit, Julia is liable for 50 of his debt.
• It is difficult to predict the future, so the
  risks have to be weighed up.
• Generally this regime is not recommended.

8
Marriage out of Community of PropertyANC Without
Accrual

• Each spouse retains a separate estate, and there
  is no sharing of profit and loss.
• In the event of divorce there is no division of
  the joint estate.
• What you bring into the marriage and whatever you
  acquire during the marriage remains yours.
• You are responsible for your own debts.

• No community of property whatsoever

9
Marriage out of Community of PropertyANC Without
Accrual

• This regime is also risky especially for young
  women planning to have children.
• If you do not accumulate assets of your own
  during the marriage and your spouse keeps all
  his/hers on divorce, you could be left with
  nothing.
• It would however suit John and Sally who are
  older, marrying for a second time and have
  individually amassed and are likely to continue
  to amass assets.

10
Marriage out of Community of PropertyANC With
Accrual Sharing

• At the termination of the marriage, whether by
  death or divorce, the spouse whose estate shows a
  smaller increase in value has a claim against the
  other spouses estate for half of the difference.
• There are certain laid down provisions, for
  instance, inheritances are excluded from accrual
  sharing.
• The assets you own before marriage remain yours
  if you exclude them from accruals when you get
  married.

• Essentially, what a couple accumulates during the
  marriage is shared equally

11
Marriage out of Community of PropertyANC With
Accrual Sharing

• You can put whatever you like into an ANC so long
  as it isnt illegal or against public policy.
• Therefore, Ali can exclude a collection of her
  antiques for instance and Mike can exclude shares
  in a family company.
• You each retain control over your own property,
  build up your own estate and are responsible for
  your own debts.
• This is the best option for young couples.

12
It may be unpleasant for you to become involved
in bargaining with your fiancé, but it pays to
put off being starry-eyed until your wedding
night.
13
C A FRIEDLANDER A T T O R N
E Y SContact Information___________
_________________ 3rd Floor 42
Keerom Street             Cape Town 8001
Telephone [phone]www.cafriedlander.co.z
a
14
Produced by B. C. Designs
15
C A FRIEDLANDER A T T O R N
E Y S
This is an automatic presentation that repeats
itself every 2 minutes. If you want to exit -
Right click on the arrow on the left of the
screen and select end show.