Overview

Congratulations on having taken the exciting step of agreeing to get married.  Maybe without realising it, you have entered into a legal contract – promise of marriage.  Now is the time to seek legal advice!

Do you enter into an ante-nuptial contract or not?  Whether you do or not and if you do, the nature of the contract determines the matrimonial property regime that will govern a couples’ marriage for life.  The wrong choices at this stage could have serious financial implications later on.  Therefore the right advice for any couple contemplating marriage is of great importance - 

• Pros & cons of a marriage in community as opposed to out of community
• Are the future spouses self-sufficient?
• Are there business risks that need to be minimised?
• Accrual, exclusion of accrual - what do these concepts mean?

VALENTINE & Associates offers:

• sound, solid, objective advice
• over 20 years experience
• a practical approach
• legal concepts explained in language a lay person can understand
• unique equality provisions
• attention to detail
• one-stop notarial & conveyancing services

Although we strive to make the experience as pleasant as possible, seeing an attorney is not the most exciting or pleasurable part of the wedding planning,  For this reason we recommend that consideration be given to the aspect of the future spouses’ matrimonial property regime at an early stage of the wedding planning.  If issues become complicated there is time to sort them out.  Try to put this legal aspect of marriage behind you as soon as possible which will then free you up to concentrate on the exciting and pleasurable planning for the actual day.

If you choose the contract option, the contract has to be –

• signed prior to date of marriage (hence the name, ante-nuptial contract)
• signed in front of a notary public
• registered in the Deeds Office within three months after date of signature

We believe that ideally a personal interview with the couple is necessary in order to ensure that the nature and implications of the contract are properly understood by them.   The process usually therefore entails an initial consultation when concepts are explained, issues discussed and queries are answered.  The parties return again a second time once the contract is drawn for purposes of signature.  However, in simple or urgent cases the contract can be drawn and signed at the initial consultation.  In certain instances the parties may prefer and/or be advised to seek separate advice.  Once the contract is signed in front of the notary, the conveyancer then ensures timeous registration.

Additional related services:

1)    Last Will:    You may also wish to consider having a Will prepared for you at this time as your legal status and dependants will be changing and we are well qualified to assist you in this regard.

2)    Property:    Buying or selling a house or flat may also be a consideration at this time or soon after marriage.  We are also specialists in this field and would welcome being of assistance to you.