Protecting Your Future with
Antenuptial & Postnuptial Agreements
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What are antenuptial & Postnuptial agreements?
An antenuptial agreement (also known as a prenuptial agreement) and a postnuptial agreement are legal contracts created to define how financial matters will be handled during your marriage and in the event of a divorce.
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South African Law and Antenuptial & Postnuptial Agreements
In South Africa, the default matrimonial property regime is “in community of property,” meaning all assets and liabilities acquired during the marriage are jointly owned. Antenuptial contracts allow couples to opt out of this system and establish a different division of assets and debts. Postnuptial agreements, on the other hand, require court approval to change the existing matrimonial property regime.
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The Process of Antenuptial & Postnuptial Agreements
- Consultation: We will meet with you to understand your individual circumstances, financial goals, and expectations for the marriage.
- Drafting the Agreement: Our experienced attorneys will draft a customized agreement that clearly outlines how assets and debts will be divided, spousal maintenance (if applicable), and inheritance rights.
- Disclosure: Both parties are required to make full disclosure of their financial positions.
- Signing & Registration: The agreement must be signed by both parties before a notary public and registered within the prescribed timeframe for antenuptial contracts.
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Consultation Process
Our consultation process is designed to be informative and stress-free. We will guide you through every step, answer your questions openly, and ensure you fully understand the implications of the agreement.
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Why Choose Engelsman Magabane Incorporated?
- Experienced Attorneys: Our team possesses in-depth knowledge of South African matrimonial property law.
- Client-Centered Approach: We prioritize your needs and ensure the agreement reflects your unique circumstances.
- Open Communication: We believe clear and consistent communication is vital throughout the process.
- Protecting Your Future: We are committed to safeguarding your financial security, both now and in the future.
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Ian Jooste
LLB Potchefstroom University Of Higher Christian Education
Janine Snyders
LLB. LLM University Of The Free State
Tasneem Mahomed
LLB University Of South Africa
Let's Discuss Your Legal Needs
Have Questions?
Contact Engelsman Magabane Incorporated today to schedule a consultation and discuss how an antenuptial or postnuptial agreement can benefit you.