Types of marriages

We can help you choose which type of marriage contract is best suited to your circumstances. There are three matrimonial property regimes:

Marriage in community of property
Marriage out of community of property
Marriage out of community of property subject to the accrual system

AND

See the Matrimonial Property Act that governs ANC’s
Your marriage will automatically be one in community of property if you choose to marry without a marriage contract (an antenuptial contract or ‘ANC’). If you decide to marry out of community of property, you need to approach a notary to draw up an ANC which is registered in the Deeds Office. If you enter into an ANC the marriage will automatically be subject to the accrual system unless you specifically exclude this from your contract. You must sign the ANC before you get married.

Virtual registration

Thank you for considering our firm for your marriage contract needs. Please feel free to call me on 082 881-2360.

These are your options:

Virtual Purchase:
If you already know which contract you prefer (with or without accrual), you can purchase your marriage contract online for an inclusive fee of R2000. Simply click on the "Add to basket" icon and pay the fee via credit card. Once the payment is approved, you will receive a link to input your and your fiancé’s names and identity numbers. The system will then generate your marriage contract and email it to us for approval.

The system prepares a power of attorney and the marriage contract for you and your fiancé to sign, authorising us to appear before our notary on your behalf. In exchange for the signed POA, we will provide you with a letter addressed to the marriage officer. This letter is all you need to get married. Please note that it is unnecessary to have a registered marriage contract before your wedding day. Once the marriage contract is ready, we will contact you to collect it (usually four to six weeks later).

If you live outside of the Johannesburg area, there will be an additional charge to send the letter and ANC to you by courier when it comes out of the Deeds Office.

Marriage Contract with Accrual:
If you choose the option of a marriage contract with accrual and wish to exclude specified assets, the system will ask you to list those excluded assets and their approximate values. Your net worth will not be reflected in the marriage contract lodged in the Deeds Office to preserve your privacy.

We Process the ANC for You:
If you prefer us to process the contract, our charge is R2300. If you select this option, please email roy@bmalaw.co.za and we’ll do the rest.

Face-to-Face Meeting:
If you prefer to meet with us in person, our inclusive fee for drafting and registering the ANC in the Deeds Office is R3450.00 (R3000 + VAT). This price includes a meeting with you and your fiancé, where we will advise you of the various options and act as a facilitator. Once you have reached an agreement, we will prepare the contract for signature and then lodge it in the Deeds Office for registration.

We would be happy to chat with you about your options. Please let us know if you have any questions or if you would like to schedule a meeting.

Thank you again for considering our firm.
To preserve your privacy you will not reflect your net worth in the marriage contract.

If you choose the option of a marriage contract, with accrual, and wish to exclude assets, the system will ask you to list those assets and their approximate values. The assets must be described in detail along the lines of this template.

ADD TO BASKET.

If you prefer to meet with us, our inclusive fee for drafting the ANC and having it registered in the Deeds office ANC is R2850 (R2500 + VAT). This includes a meeting at our office with you and your fiancé where we advise you of the various options and act as a facilitator. Once you have reached an agreement, we prepare the contract while you wait and the contract is then signed and later lodged in the Deeds Office for registration.

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