In South Africa, three different marital regimes exist:
- Marriage in community of property
- Marriage out of community of property (with accrual)
- Marriage out of community of property (without accrual)
At Faure & Faure Inc. Attorneys we have a dedicated legal team who assists couples with their ANC. The consultation process includes the following:
- Our legal team explains the different options, including their advantages and disadvantages, and the couple is then allowed to choose the most suitable option for them. We also provide Client’s with a written summary of each regime and their respective advantages and disadvantages.
- Faure & Faure Inc. compiles a draft ANC which is sent to the couple for signature.
- A copy of the prescribed certificate is provided for the Marriage Officer and the signed ANC is submitted to the Deeds Office.
- The couple receives a copy of the registered ANC from Faure & Faure Inc.
- Faure & Faure Inc. charges an all-inclusive fee which assists in budgeting for the wedding.
What if we get married in a country where ‘’out of community’’ is the default option?
Example of how an ANC can influence asset distribution upon divorce.
The importance of detail:
- That on the facts and on interpretation of the ANC they were not excluded from the accrual, alternatively;
- That the trusts were simply the husband’s “alter ego” so that the assets of the trusts were in reality her husband’s assets.