Other types have been forced upon them for one reason or another family obligations, life. This system requires that a price be paid for the right to marry a woman. All marriages in south africa are automatically in community of property. Understanding the financial implications of your marriage. The various marriage types below are all examples of different marriage situations you could possibly find in africa. Antenuptial contracts the ante nuptial contract, or anc, is the foundation of a married couples future estate planning and not merely a fashionable, status symbol for yuppies.
Marriage contract is an agreement between the two parts of the marriage, the husband and the wife. Many studies have indicated that marriagepatterns and changes in family structure can. What you need to know about marriage contracts western cape. A common example to elucidate upon this principle is found in the sale of property. Ante nuptial contracts also known as anc contract or prenuptial agreement prenup in south africa you automatically marry in community of property unless otherwise stated in a contract. Cohabitation, marriage and remarriage patterns in africa. A condition precedent is an event that must exist as a fact before the promisor incurs any liability pursuant to it. Well, in an in community of property marriage, both husband and. The ante nuptial contract, or anc, is not merely a fashionable, status symbol for yuppies. Types of conditions conditions precedent, conditions concurrent, and conditions subsequent are types of conditions that are commonly found in contracts.
With due acknowledgement to the law society of south africa you can have your attorney draft an antenuptial contract tailored to your own individual needs. Some types of marriage occur as a result of decisions made by one or both involved parties good as well as bad decisions. With the increase of divorce rates in sa its only right that you prepare yourself should divorce be on the cards in the future. It is the foundation of a married couples future estate planning. And as it applies to various countries, there are different types of marriages in south africa. A reflection on the african traditional values of marriage.
To proceed, click on the add to basket icon below and pay the r1900 via your credit card. A man in south africa may have more than one spouse but a south african woman may only have one spouse. In south africa there are basically 2 ways of marrying. In other words, if you do nothing other than get married before a marriage officer, you are married in community of property. Unfortunately divorce usually goes hand in hand with great unhappiness about the way in which the assets the. Thus, if you dont draw up a contract before your marriage it will be considered to be one that is in community of property.
Welcome to the official south african government online site. Property law and conveyancing the south african school. Marriage out of community of property subject to the accrual system. This type of marriage becomes effective when the parties enter into an antenuptial contract. Contract law provides a legal framework within which persons can transact business and exchange. Legal contracts legal cover south africa legalwise. This is one of the most popular marriage contracts and according to divorcelaws. Assets gathered during the marriage are split 5050, except for those that are specifically.
If you either presently work in the field of conveyancing, or would like to do so, you will. Legal guide to age thresholds for children and young people. Marriage contracts south africa prenuptial agreements bregman. South africa common law provides that a marriage without an antenuptial contract results in the parties being married in community of property.
Types of marriage contracts in south africa dream ceremonies. Three types of marriages are recognised under south african law. You need to consider which company structure will work best for your businesss setup and. On marriage in community of property a joint estate is formed with the parties as joint administrators. Out of community of property marriage with accrual. This practice is still used extensively in contemporary african society and has raised both critical and supportive voices. An employer may include a restraint of trade clause restraint in its contract of employment in order to protect its intellectual property, trade secrets, reputation and good will by limiting the employee from exercising hisher trade, profession or engaging in the same business venture within a certain period of time and geographical area. When getting married out of community of property, with accrual, all individual assets accumulated prior to the marriage are specified in the contract, and are subsequently retained by each spouse. South african prenuptial agreement this agreement is entered into by two people before they are married or united by a civil union. Marriage in community of property is the default matrimonial property system and will apply in every marriage where the parties enter into the marriage without executing or registering an antenuptial contract beforehand.
A welldrafted marriage contract template can protect the both parties property and make a divorce a lot less painful. In fact we are here because our parents got married to each other. Fawzia khan in south africa we have 3 different types of marriage regimes. Out community of property means that the parties involved entered into a contract, a written agreement notarised by a notary public prior to the marriage in terms of which each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses. To change this default position, the parties to the marriage must enter into a contract before they get married. To help you consider the legal options available the following summary sets out the law in accessible jargonfree language. Welcome to the official south african government online. This form of marriage means that all assets owned by the couple form a join estate and both parties are liable for any debt incurred by either party during the marriage. An in community of property or out of community of property, which is further characterized either with or without the accrual system in. Historically the legal definition of marriage, derived from the romandutch law, was limited to monogamous marriages between oppositesex couples. Some of the other consequences of the absence of common law marriage in south african context are. It feels a little distasteful to draw up a contract in case of divorce, when you havent even walked down the.
Jb attorneys deceased estates, conveyancing, marriage. Cape town it is said that nearly half of all marriages in south africa end in divorce. Majority status can also be acquired by a child under. Marriage contracts south africa prenuptial agreements. Marital status in south africa the following legislation.
If you choose to be married in community of property, your assets are shared equally. What you need to know about marriage contracts western. In some parts of africa pare choose marriage partners for their children even before they are born. South african contract law is essentially a modernized version of the romandutch law of contract, which is itself rooted in canon and roman laws. A marriage contract determines how your property will be divided in the. Pdf south africa has a mixed legal system comprising of transplanted european laws the. In south africa, the courts have to follow these precedents.
Apart from that, nuptial contracts can exist between intending couples and on this, there are different conditions which are associated with this contract based on what the couples agree to. This means that we must also look at court decisions when we look for the law to tell us. South africa legal services south africa wedding planning. This contract dictates your financial future after marriage, how you transact with third parties and further equally importantly directs how your assets. Understanding the different marriage contracts there are 2 marriage contracts. It may sound noble to say that in marriage you will share everything for richer and poorer but the truth is that this may not be such a.
Pros and cons antenuptial this is the area of entering into marriage in which most people feel a range of uncomfortable some a little and others extremely. Basically all marriages are in community of property, unless the spouses exclude community of property in a contract. Patterns of marriage and family formation in south africa have changed dramatically in recentyears. What is the impact of an anc on joint businesses in marriage. Determine which marriage contract suits you best, and get help from families south africa famsa. A recent case and judgment pertaining to a marriage out of community of property without the application of the accrual system rd v td 2014 4 sa 200 gp a 2014 4 sa 200 illustrates the legal position for couples who have built up substantial estates in their own right, who have chosen the matrimonial regime governed by that of an anc and. The advantage of this type of system is that it treats both parties equally and. Pdf african customary marriages in south africa and the. This is a contract entered into by both parties and sets out the rules and conditions in respect of the division of assets, and which will apply during the marriage.
This course in property law and conveyancing focuses on the tasks that the conveyancer carries out and the workings of the deeds offices in south africa. A marriage out of community of property, without accrual. Once the payment is approved, the system will send you a link to insert your names, identity. If you already know which contract you would prefer you can purchase your marriage contracts in south africa, online, for our inclusive fee of r1900. Antenuptial contracts set what we believe to be the cornerstones of successful unions. Both parties are business people in a exceptionally high income group and where they plan not to have children at all.
We can help you choose which type of marriage contract is best suited to your circumstances. Despite the mass of literature on race relations in. These are marriages in community of property, marriages out of community of property, which are subject to the accrual system, and marriages out of community of property, excluding accrual. When youre married in community of property, you and your partner are joint owners of any estate or assets accrued once youre married. It is worthwhile to scrutinising different forms of marriage contracts and how each of them affects assets. These agreements commonly include provisions for the division of property and payment of spousal support in the event of seperation.
Marriage contracts are commonly known as prenuptial agreements, prenups, and premarital agreements. Minister mthembu to meet with stats council amid funding concerns. Specialising in deceased estates, conveyancing and marriage contracts. What we do marriage contracts louwrens koen attorneys. Types of contracts legal definition of types of contracts. With this system, all the assets and liabilities which the parties had prior to the marriage or acquired during the marriage. Lobola is a centuryold marriage tradition, still common throughout africa. This is to make it absolutely sure that they do get someone to marry. Lower courts have to follow the precedents of higher courts.
Other parts the choice is made for the young people by their relatives, while another custom is to let the young. There are three types of matrimonial property systems in south africa from which preweds can choose. Marriage patterns in south africa commerce university of cape. Marriage contracts in south africa are legally binding contracts which are registered in the deeds office.
The different types of marriages in south africa in south africa, there are mainly three types of unions, i. But it is important to decide on your matrimonial contract before the wedding, whether its in community of property or out. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Think of your antenuptial contract anc, or colloquially known as a prenuptial contract, as the foundation to building a home. Therefore, in this article, we consider the different weddings as recognised by the department of home affairs and marriage contracts. Contract law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in south africa. For instance, south africa has the highest incidence of hivaids in the. If you dont want your assets to be shared, you need to. How statute law has been interpreted, and how the common law and customary law has been changed to suit modern times. This essay continues the topic discussed in the previous essay by explaining the law of contract in south africa. Marriage out of community without the accrual system. There are contracts and agreements for many home and business arrangements, including home maintenance services, modeling and photography contracts, rental contracts, event contacts and more.
In this type of marriage, youll be setting up an anc, which is a contract that lays down the rules. Marriage in community of property is the most common marriage system in south africa. There are currently three matrimonial property regimes in. Antenuptial marriage contracts arent at the top of the list of fun wedding planning tasks. Not to leave a sour taste in your mouth prior to your marriage, but these are some of the things to consider before you say i do. According to the marriage act of 1961, there are three different types of legal marriage. In community of property means you share all things equally. Your preferred company structure is the first consideration you need to make when you want to register a new business at the cipc.
The 3 types of marriage in south africa find an attorney. Marriage contracts in south africa are legally binding agreements which are registered in the deeds office. Out of community of property without accrual marriage. Both civil marriages and unions stick to the above explanations regarding matrimonial property.