All marriages which are not subject to an ante nuptial contract are automatically in-community-of-property which significantly impacts the status of the spouses and their power to manage their estates."Read more >>>
The accrual system is the default out-of-community-of-property system and automatically applies to all marriages unless clearly excluded in an ante-nuptial contract in South Africa.
Excluding accrual entails that each spouse keeps his or her own estate and the powers and rights he or she had with regard to his or her estate before marriage, remains the same during and after marriage.
The ANC is a legal agreement which should not be entered into without proper counselling by a competent attorney.
To be valid, an ANC needs to be signed by the parties in the presence of two witnesses and attested by a Notary Public before the marriage takes place. It must then be registered at the Deeds Office within three months after the date of its execution.Notaries near you >>>
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