Overview

You should obtain legal advice before getting married.

Bisset Boehmke McBlain is an established, but modern law firm with young and energetic attorneys with an abundance of professionalism, warmed by a tradition of friendly service.

We at Bisset Boehmke McBlain will be delighted to give you advice and thus play a small but important part in one of the most exciting stages of your life.

ANTENUPTIAL CONTRACTS

Whether you should enter into an antenuptial contract, and if so, what the terms of the contract should be, are complicated questions and you must seek the advice of an attorney.

Antenuptial contracts are entered into between persons intending to get married to each other, in terms whereof they determine the matrimonial system which will apply to their marriage.

In the absence of an antenuptial contract, persons are deemed to be married in community of property.

In community of property

Assets brought into and acquired during the marriage (excluding gifts or inheritances) are owned jointly by the spouses and are shared upon divorce, annulment or death. Joint ownership is automatically presumed by law in the absence of specific evidence to the contrary in respect of a particular asset.

Out of community of property

To be married out of community of property, an antenuptial contract has to be entered into. An antenuptial contract is a contract between spouses regulating ownership and control of the assets of the spouses. It must be entered into prior to the date of marriage, attested by a notary public and registered in the deeds registry within three months after the date of its execution.

The effect of being married out of community of property is generally that the parties retain ownership of and control over their separate assets.

Out of community of property (with accrual)

If an antenuptial contract does not address the issue of growth in the estates of the spouses after marriage, growth in the estates of the spouses will be shared by the spouses.

Out of community of property (excluding accrual)

An antenuptial contract may exclude sharing of the growth in the estates of the spouses.

OTHER ADVICE

Do you have a will?

Couples who are getting married should have a will. Bisset Boehmke McBlain will assist and advise you in this regard.

Buying or selling a house or flat?

When making an investment which may have important implications for you, Bisset Boehmke McBlain will assist and advise you.

Juna Phillips of Bisset Boehmke McBlain is your contact person for any legal advice. She will refer you to an expert.

Full information with regard to the partners and other attorneys employed at Bisset Boehmke McBlain is available, in English, Afrikaans and German, on our website listed below.