How does our service work?
Frequently asked questions
What do we do if we wish to conclude our marriage in community of property?
Should you wish for your marriage to be in community of property, you do not need to do anything. All marriages in South Africa are deemed to be in community of property if no antenuptial agreement is entered into.
What is the accrual system?
The accrual of the estate of a spouse is the amount by which the net value of his/her estate at the dissolution of the marriage exceeds the net value of his/her estate at the commencement of the marriage. When the marriage is dissolved, the spouse whose estate shows no accrual or a smaller accrual than the other spouse’s estate, will have a claim against the other spouse or his/her estate if that spouse is deceased.
It is important to keep in mind that the accrual system will only be applied when the marriage is dissolved by death of one or both of the spouses or by divorce. The accrual system will therefore only have an impact when the marriage is dissolved.
What impact will it have on the marriage?
You need to enter into an antenuptial agreement. The antenuptial agreement can only be attested by an attorney who is an admitted notary.
Should you wish to make use of our service, you will be glad to know that here at Adriaan Jordaan Attorneys we understand that today’s lifestyle is fast, busy and that time is of the essence. To suite your lifestyle we have simplified the process to register your antenuptial agreement. Follow these 3 easy steps from the comfort of your own home*:
Once we have received your information the antenuptial agreement will be drafted and the necessary documentation will be send back to you for signature.
You then send the signed documentation back to us and we will ensure that your antenuptial agreement is notarised and registered.
Relax and enjoy your wedding!
(*Although it is not necessary for a personal consultation, you are more than welcome to contact us to arrange for an appointment at our office situated in Randburg.)
What do we do if we wish to conclude our marriage out of community of property?
The claim amount would be for 50 % of the difference between the accrual of the respective estates of the spouses. When the accrual of the estate of the spouse is calculated, any inheritances, legacies, donations (including donations between the spouses), any amount received by way of damages or any asset that was excluded in the antenuptial contract or acquired by the spouse before the marriage is excluded from the calculation. The net value of the estate at the commencement of the marriage is calculated by taking inflation into account. For this purpose the weighted average of the consumer price index is used to determine the change in the value of money.
How is the accrual calculated?
Now that you will be getting married, irrespective of the marriage regime you will select, it is wise for you to start planning your estate. The first step in estate planning is to have a Will in place. It is astounding to see that so many people don’t have a will. If only they knew how big the challenges and frustrations are for the ones they leave behind in the absence of a will. Should you die without a will, your estate will be executed in accordance with the Intestate Succession Act 81 of 1987. Although the legislator attempted to regulate the law relating to intestate succession, it must be said that this Act does not cater for all possible situations. I strongly recommend that each and every person have a will. The cost for drafting a will which will specifically cater for your needs is R350-00, all inclusive.
What else should we be thinking off?
Kindly contact us for a quotation.
How much will it cost us?
Your nett value is determined by you declaring an estimate value of your estate. The commencement value is declared in the antenuptial agreement. Each spouse needs to declare his/her estimate nett value. If you or your future spouse had not yet built up a sufficient estate, you simply declare your commencement value as NIL.
How do we determine and declare our commencement values?
Should you wish for the accrual system to be excluded from your marriage, it has to be explicitly stated in your antenuptial agreement. The effect of excluding the accrual from your marriage is that when the marriage is dissolved, none of the spouses shall have a claim against the other spouse or his/her estate if that spouse is deceased