The story behind the anti nuptial |
EVER WONDERED WHAT THE STORY BEHIND THE ANTI NUPTIAL CONTRACT IS??????
We all know the story: Little Cinderella’s shoe fits perfectly and the charming (and oh, so rich) prince sweeps her of her feet and carries her to his castle, where wealth beyond measure and a life of leisure awaits her…, well that was what she thought until she met the royal attorneys with their files filed with Ante Nuptial contracts, … and this is where the starry eyed fairy tale turns into a confusing nightmare and little Cinderella turns into young wide-eyed Alice who got caught up in a Wonderland of Confusion?
Getting married at the end of the year, and scanning through my “Things to do” list I stumbled across item 43: “Make an appointment at attorney for ANC”. And just like the proverbial Alice in Wonderland I was sucked up in a world so different from my pre-wedding world of wedding cakes, dresses and romantic ideas where the last thing on my mind was how my marriage would one day end.
After nervously consulting experts I realized that the Ante Nuptial Contract is probably one of the most important documents I will ever sign. There is a big misconception regarding why couples draw up an “ANC” and even though the dissolution of a marriage is the last thing on your mind when you decide to get married, it is still a crucial discussion you and your partner should have before getting married.
Keep in mind that the “What if?” is not limited to only to the unthinkable divorce, but also to the protection of your estate during financial difficulties which might arise, as well as what would happen to the bride / grooms assets when the inevitable happens – death. A grim thought when you are planning a wedding but something that needs to be considered.
Two types of Ante Nuptial regimes are available in South Africa. The first one is plainly named Out of Community of Property. In this regime each person retains his / her assets at dissolution. Each person also has independent contractual capacity and their assets are protected from claims from the other party’s creditors.
The second regime is named Out of Community of Property with the Accrual System. This system came into effect in 1984 and is similar to the Out of Community of Property regime except for the fact that provisions are made for sharing the growth of the separate estates on dissolution. Each party still retains his or her estate and have independent contractual capacity also similar to those of Out of Community of Property. At dissolution of the marriage, the estate of each party is calculated. To make it very simple, the value of the smaller estate is subtracted from the value of the bigger one and the difference is split between the two parties. When entering into this Ante Nuptial contract certain assets or commencement values may be excluded.
If you do decide to take the leap and do it with a contract make an appointment with a good family attorney and he/she would be able to explain all the advantages and disadvantages of the contracts I briefly mentioned. But obviously a contract is not a MUST when getting married. Many couples still prefer the In Community of Property regime that applies automatically where no contract was drawn up.
Yes, in planning your Perfect day, you should also ensure that the protection for “Ever After” is in place. And whichever regime you prefer, ensure that you enter into it with full confidence and understanding.
And now that our contract is drawn up, signed and ready to be registered at the deeds office, I can again place all my focus on making my Perfect day perfect! I hope the Wedding Page assists you in finding all you need for your wedding!
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