Antenuptial Agreement Registration

Deposit and registration may take place after the marriage, but the signature by the spouses cannot. The antenuptial contract must be signed before the wedding date, even if it is submitted and registered after the fact. If you marry without your contract being signed or registered on time, you must jointly apply to the High Court to apply for permission to sign or register late after the marriage and to notify the Office of the deeds as soon as possible. It also means more costs. For some, an association agreement appears to be a sign of mistrust between the partners. If you do not enter into a cancellation agreement or if you do not follow the correct procedure of registering a registration contract, the marriage will take place in the property community. Most of the time, you don`t even know that your antenuptial agreement is invalid. This can only be known later, when you buy a property or if you register a loan. In addition, it could have a significant impact on you, your spouse and your loved ones, both financially and personally, for example. B in case of receivership, divorce or death. The concept of an antenuptial contract is no stranger to couples who are about to get married. The consequences of not registering a follow-up contract or the unintended consequences of registering a subsequent contract, but not the intention of the parties, are not always clear. If you meet with a lawyer to create an antenuptial, you are first asked for a list of assets and the current market value of each item.

These are included in the contract and are used to develop the delimitation at a later date. You and your partner can agree to explicitly exclude all assets – but the details of the assets mentioned must be very precise in order to avoid legal problems in the future. Some assets are automatically excluded, for example. B any inheritance you get during the existence of your marriage. The document is signed in front of two witnesses and sent for registration. The delimitation takes effect when the marriage ends – because of divorce or death. You cannot assert the right to demarcation while you are still married. But when the marriage ends, the partner with the slightest limit is entitled to the other`s estate. The amount of the fee is 50% of the difference between the increase in the values of the two lands or a percentage agreed by the parties in their agreement of antenup. It takes about two to three weeks to register an antenuptial contract, but this varies depending on the office. After the contract is registered, it may take up to six months for the Deeds Office to scan the document in its database and return the original to the notary. When the notary receives the original document, he puts a copy in the file and contacts the couple to retrieve his original.

It is a banal law that in the absence of a properly executed antenuptial contract, the inheritance consequences of the conjugation of a man who resides in the RSA and marries a woman from every country, all over the world, lead to marriage being governed by the law of the RSA, and that the patrimonal consequences of marriage will be one of the condominiums and the community of profit and loss.


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