Antenuptial Contract Attorneys in Johannesburg, South Africa
Have you recently celebrated an engagement and want to ensure you’ve covered all your bases before walking down the aisle?
Before You Say “I Do”
Amidst the excitement, don’t forget that besides saying “I do,” there are still significant legal processes that you and your spouse-to-be need to consider before your big day. This is your matrimonial property (“marital”) regime, which you can plan with Benaters: leading antenuptial contract attorneys in Johannesburg.
An antenuptial contract, also known as a prenup, can be an essential tool to provide stability and security. A prenup helps ensure a clean and easy break if the unfortunate happens.
Choosing your marital regime entails deciding on how you will be married in a financial and proprietary way. This decision affects your and your spouse’s estates in the future, both during your marriage and when you part ways by virtue of death or divorce. It’s a significant decision that shouldn’t be taken lightly.
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Why You Need an Antenuptial Agreement from a Johannesburg Attorney
Life is unpredictable, so why leave something as important as assets and hard-earned money up to chance? Meet with the experienced attorneys at Benaters for a transparently priced antenuptial contract tailored to your unique situation.
Here are a few reasons why you should consult an attorney for an antenuptial/prenuptial agreement contract before walking down the aisle:
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If the marriage ends in divorce, an antenuptial contract protects you or your spouse’s assets, such as property, investments, and inheritance. Without one, things can become messy in the event of disagreements.
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An antenuptial agreement outlines how finances and assets will be divided to avoid fights over money - the number one cause of divorce. This allows peace of mind, which can benefit your relationship in itself.
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Should you divorce, an antenuptial contract makes the legal process less complicated, with fewer issues needing to be resolved.
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Discussing finances and assets before marriage helps ensure you understand each other’s financial situations. This can highlight any problem areas and allows you to enter into marriage with realistic expectations.
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If you own a company, an antenuptial contract can prevent your spouse from claiming part ownership or making business decisions in the event of a divorce. Your attorney can draft an agreement to suit your unique situation.
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A prenuptial agreement can safeguard each partner from bearing responsibility for any debts that may arise during the marriage, freeing you from any financial obligations.
You’ll walk down the aisle confident that your financial security is locked, no matter what may come.
How Benaters’ Prenuptial Agreement Attorneys Can Protect You
Entering into a marriage is an exciting new chapter, but it also means making important legal and financial decisions. At Benaters, our experienced antenuptial agreement attorneys can help you draft a comprehensive agreement to safeguard your interests.
An antenuptial agreement allows you to determine how assets and liabilities will be distributed if you separate or divorce. This gives you control and security over your financial future.
Our attorneys will sit down with you and your partner to discuss your unique situation, examine practical considerations, and answer your questions. We’ll determine what property, assets, and debts you want to include — everything from investments and businesses to pensions and inheritances.
A prenup isn’t just about protecting the wealthy; it benefits individuals at all income levels. Maybe you own property, have children from a previous relationship, or simply want to avoid confusion if things don’t work out. Prenups provide clarity and can help reduce conflict down the road.
At Benaters, we approach antenuptial agreements with sensitivity and discretion. We aim to make the process as straightforward as possible while ensuring your agreement withstands legal scrutiny if challenged.
Our attorneys stay up-to-date with laws regarding marital property, estates, taxes, and contracts. We can create an agreement tailored to your needs and give you the peace of mind that your financial interests are protected. Take control of your future and contact our antenuptial contract attorneys in Johannesburg today. A prenup could be one of the most valuable investments you make.
Our Antenuptial Contract Process · R4950
Here’s an overview of the various steps we take to process an antenuptial contract:
Taking instructions: We find out your intentions with regards to your estates.
Drafting the antenuptial contract: We draft an antenuptial contract just for you.
Tending to signature before a notary public and notarising of Contract by Notary Public
Tending to registration at the deeds office.
Sending the original ANC to you after receipt from the deeds office.
Pricing is subject to change and may vary depending on your specific requirements and instructions to us.
Choosing Your Marital Regime
You can get different types of marriage contracts (marital regimes) from antenuptial agreement lawyers. Understanding them will ensure you are making the best decision with your life-long partner:
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“What’s mine is ours.”
Being married in community of property happens automatically if an antenuptial contract isn’t drawn up. It means there will be just one estate between a husband and wife throughout their marriage.
You share the risks and benefits of a joint estate, sharing equally in the profits or losses despite your financial contribution.
Certain transactions will require your spouse’s consent, while others won’t.
One of the disadvantages is that you’re responsible for all debt incurred by your partner — there’s no safety net of having separate estates to safeguard the family’s finances.
If one of you is declared insolvent, you’ll both be liable for the outstanding debts.
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“What’s mine is mine. What’s yours is yours.”
You need to enter into an antenuptial/prenuptial agreement stipulating the terms and conditions for excluding community property between spouses.
Each spouse usually retains their separate property and will have complete freedom to deal with their property as they deem fit.
If one spouse is declared insolvent, the insolvent spouse’s creditors can’t make claims to the other partner’s property.
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“What’s mine before the marriage remains mine. What’s yours before the marriage remains yours, and what we’ve both earned during the marriage belongs to both of us.”
‘Accrual’ means the net increase in value of one spouse or party’s estate since the date of marriage.
Only property acquired during the marriage can be considered when calculating the accrual.
When the accrual is included, a spouse will be entitled to share in the growth of the two estates at death or divorce.
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“What’s mine stays mine”
Each party involved in the marriage will remain individual and their estates separate.
Assets and liabilities acquired individually before the marriage form part of their separate estates and assets and liabilities acquired during the course of the marriage will also remain separate.
if the parties divorce or when one spouse passes away, each party will attain their own individual assets and liabilities.
Spouses who are married out of community of property have separate estates and are not liable for each other’s debts.
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Our Legal Team
At Benaters, our legal team comprises a husband and wife duo who bring a unique blend of expertise and strong family values to our practice.
With a deep understanding of the importance of family and personal relationships, we approach each case with care, empathy, and integrity. We believe in building long-term relationships with our clients based on trust and mutual respect.
Shaun Benater
Partner — LL.B LL.M
Attorney & Notary Public (South Africa)
Solicitor (England & Wales)
Registered European Lawyer (Spain)
Roxanne Benater
Partner — B.COM LL.B
Attorney, Notary Public & Conveyancer
Administrator Of Deceased Estates
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Frequently Asked Questions
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We offer comprehensive antenuptial agreements, including out-of-community of property, as well as with and without accrual.
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We’re a couple (husband and wife) attorney team specialising in family law and estate planning. We’ll guide you through the antenuptial contract process. With years of experience, we keep the drafting straightforward while addressing your specific needs and interests.
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The time required depends on the complexity of your agreement and financial situation. On average, the drafting and negotiation process takes 2 to 3 weeks. Signing the final contract typically happens a day later, or the very day the agreement is reached. However, it’s essential to sign the antenuptial contract before the marriage, customary marriage inclusive.
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An antenuptial contract can only be amended by the order of the High Court.
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How Can We Help with Your Legal Needs?
At Benaters we’re always pleased to hear from you. Let us know how we can help by selecting the enquiry form, or get in touch via Whatsapp.