Antenuptial contracts easily explained 2024 South Africa [Download FREE Antenuptual]

Antenuptial contracts easily explained WITH & WITHOUT accrual.
An antenuptial contract sets out the rules and conditions that will govern the division of assets, both during the marriage and upon its termination. It is concluded between two unmarried persons who are legally competent to enter into a marriage.
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FORMAL REQUIREMENTS FOR AN ANTENUPTIAL CONTRACT
Notarial form:
It is important to keep in mind that only an admitted and practising notary may execute an antenuptial contract. The notary executing the contract must not have a personal interest in the contract and must not be closely related to one of the intended spouses.
The full names and surname of the notary must be mentioned, and the notary’s seal of office is usually affixed on the last page of the contract.
Description of the parties:
The parties to the contract must be described by their full names and surname, identity number (or date of birth) and marital status (unmarried).
If a party is a minor, such minor must be assisted by either his/her parent or guardian, the Commissioner of Child Welfare or the person appointed in terms of a court order to assist the minor in entering into the antenuptial contract2.
Date:
The date on which the antenuptial contract is executed must be indicated in the preamble of such contract. This date is of importance for two reasons. Firstly, the antenuptial contract must have been executed prior to the parties entering into their marriage.
Secondly, there is a prescribed time period within which the antenuptial contract must be registered after its execution in order for the contract to be valid and enforceable against third parties.
Place of execution:
The place of execution must be mentioned either in the commencement (heading) or in the conclusion of the contract.
Signature:
Both the intended spouses must sign the antenuptial contract in front of a notary, and in the presence of two competent witnesses.
If the parties sign on two different dates, the latest date will be regarded as the date of the contract.
Registration:
Once the antenuptial contract has been signed it must be forwarded to the deeds office, in the area where the parties reside, to be registered. Registration must take place within three months of the date it was signed by the notary.
Witnesses:
It is customary for two competent witnesses to attest the parties signatures. The registrar of deeds has a discretion to allow the registration of an antenuptial contract which has not been attested by witnesses, if there is a good reason for such omission.
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00:41 - What is antenuptial contract (PRENUP/ANC)?
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[@simpslayer7839]

Bruh lot more people should be watch this

[@LawyerEzyFind]

Thanks, we try to inform & educate by making these legal topics accessible to all individuals. Please like, subscribe & share all videos so UA-cam algorithms make it visible to more viewers. Much appreciated in advance.

[@harveymatsane8308]

OMG this was great.

[@LawyerEzyFind]

Hi Harvey Matsane, thanks for the update. View our other videos & like / share our videos so it reaches more individuals that require to be educated on these legal topics.

[@nontobekomadonsela7040]

Ohh my word this so informative..
The antenuptial contract should be signed 3 months before the wedding day? Say you have a month you cannot do it?

[@LawyerEzyFind]

Yes, that is correct. It needs to be drawn up, consulted & registered. All this takes time to do & process.

[@mrworld100k4]

@@LawyerEzyFind 3 months?😭 What are the chances that it may take 4 weeks?

[@mrworld100k4]

But some lawyers say that one can get the ANC registered within a month. I am now confused?

[@LawyerEzyFind]

Hi MrWorld, thanks for your feedback. Hold your lawyers liable to their claims especially if its stated publicly. Subscribe, like & share our videos to educate more south african citizens.