Antenuptial Contract
The most important contract of your life
Etienne Bedeker Inc can assist with an easy to follow online contract setup with payment portal.
SCROLL DOWN TO EXPLORE
Etienne Bedeker Inc can assist with an easy to follow online contract setup with payment portal.
SCROLL DOWN TO EXPLORE
A. In community of property
If you get married without an ANC, you are automatically married in community of property. Therefore your assets and liabilities and that of your spouse becomes one estate.
Therefore if you get sequestrated your spouse is automatically also sequestrated. If the Sheriff sells your property in execution due to your debt, he automatically sells your spouses property too.
B. Out of community of property
This means your estates (assets and liabilities) are separate and are protected from each others creditors.
1. WITHOUT THE ACCRUAL
Signing an antenuptial contract without the accrual has the effect that the spouses are financially independant from each other.
2. WITH THE ACCRUAL
The contract has the same effect during the marriage, spouses are financially independent from each other.
Each party's starting nett asset value on the date of marriage is calculated and gets deducted from the end nett asset value on date of death or divorce. The person with the higher accrual must pay the other 50% of the difference between the accruals.
The difference is that each party starts with a starting nett asset value on date of marriage and that gets deducted from the end nett asset value on date of death or divorce. The difference between the accruals get split 50/50.
Exlusions from the accrual
The parties can exlude assets from the accrual, like pension or shares in a business.
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