Our department in family law we renders the following services:
Antenuptial contract is a contract concluded between individual people before they enter into marriage. The contract will decide how the property of each party to the marriage will be dealt with at dissolution of the marriage or the passing away of one of the partners.
There are three types of marital systems available in South Africa.
- In community of property – that is if you get married without an antenuptial contract
- Marriage out of community of property
- Marriage out of community of property with the inclusion of the accrual system.
Due to the advantages we advise our clients to refrain from getting married without an antenuptial contract and therefore not to be married in community of property. If you are married in community of property there is one estate and each spouse owns an undivided 50% share of the joined property and debt. If one of the spouses is sequestrated the entire estate and both parties will be bankrupted. The entire estate will also be attached by the creditors for one or either of the spouses debt. We will always then propose to our clients to consider a marriage out of community of property or marriage out of community of property with the inclusion of the accrual system. This ensures the safeguard of each party’s property that he/she owns before, and also that accumulates, to each party after date of marriage.
The accrual system has the effect that both parties share in wealth which has been accumulated by one or both of the parties and the technical detail of the accrual system will be explained during a first free consultation.
We can assist married couples to change their marital regime if needed from in community of property to out. This is especially recommended when either or both partners have their own businesses.
We have extensive experience in all aspects of divorces and the related matters.
We will assist you with this difficult emotional legal process.
Matters to be dealt with as a matter of urgency are:
Interim custody and visitation rights to the minor children.
Interim maintenance for the parent and children
Contribution to legal fees:
It is essential that care is taken when negotiations for the distribution of assets which includes the primary residence, other property furniture, car, pension, savings and other.
Allow us to make sure that all parties receive what is fair and due to them.