Planning your wedding day is one of life’s most exciting experiences, and your Antenuptial Contract is an important item on your to-do list. Of course we understand that choosing flowers and fabrics is more fun than signing contracts. But, with our guidance and personal service, you will be empowered to make an informed decision about the best marital regime for your special relationship and unique needs. Let Pincus Matz Attorneys empower you to make informed legal decisions for your special relationship, according to your unique needs, when drawing up your Antenuptial Contract.
What is an Ante-Nuptial Contract?
An Antenuptial Contract is entered into by a couple who decides not to be married ‘In Community of Property’. It stipulates whether the ‘Out of Community of Property’ marriage will be with, or without, the Accrual System. The contract must be signed by both prospective spouses in the presence of a Notary Public before the marriage, and must then be registered in the Deeds Registries office within the prescribed time period.
Out of Community of Property — with, or without, the Accrual System
To protect your individual interests, you and your partner enter into an Ante-Nuptial Contract before your marriage — with, or without, the Accrual System. You will then maintain separate estates and will not share any profits or losses for the duration of your marriage. Pincus Matz will explain the meaning of accrual and its application on the dissolution of the marriage, which occurs on death or divorce. Discuss your unique circumstances with us before you decide which option suits you best.
In Community of Property
All assets and liabilities, profits and losses are shared between both spouses. This is the default regime when no Antenuptial Contract has been entered into.
HOW, WHERE AND WHEN TO GET YOUR ANTENUPTIAL CONTRACT
1. In person at Pincus Matz Attorneys’ office in Wynberg, Cape Town, or on Zoom/Teams, when necessary. At your initial consultation with Pincus Matz Attorneys we discuss current legal positions, the types of Antenuptial Contracts and the implications of making certain choices. It is imperative that you both attend. Book your consultation by calling us on 021 797 8191 or email us at info@pincus.co.za
2. At your home - Discuss your preferred regime with your future spouse. Contact us if you need further guidance, and instruct us once you have decided on your preferred option, so that we can prepare the Antenuptial Contract for you.
4. At Pincus Matz Attorneys - Before your wedding date, you will both need to sign the contract before a Notary Public and two witnesses. Pincus Matz has their own Notary Public at the office.
5. At the Deeds Office - Within three months, Pincus Matz lodges the signed contract at the Deeds Office in Cape Town for registration. The contract goes through an examination process, which may take two to three weeks before it is registered. After the Antenuptial Contract is registered it is microfilmed and data captured. It may then take three to four months before it is ready for collection by Pincus Matz.
6. At Pincus Matz Attorneys- Once we have collected the registered Antenuptial Contract from the Deeds Office, we will notify you to collect this important document from our offices in Wynberg, Cape Town.
THE MAGIC OF RELATIONSHIPS
Since 1929, Pincus Matz Attorneys has been building and nurturing relationships. While we are serious about law, we are also passionate about people, and strive to be the preferred long-term legal advisor to our clients. Engaging with you, allows us to get to know about your unique circumstances, and to better advise you, as you face new adventures and challenges.
PROPERTY LAW
Buying a home is another exciting milestone in life. From arranging finance to understanding the many documents that need to be signed, it is reassuring to know that Pincus Matz, your conveyancing attorney, is there to guide you. Talk to us before you sign any contract. We are known for our professionalism, integrity and experience, and for having a highly efficient Property Law department. We would love to bring all the complex processes together for you, to ensure a smooth and successful registration.
ESTATE PLANNING AND WILLS
A marriage, a birth, divorce or the sad loss of a loved one, are often triggers to remind us to update our wills and revisit our succession planning and the way in which we have structured our finances. It can be an emotional time. Pincus Matz understands this, and with our caring approach and legal acumen we aim to prepare a will that achieves your goals and is in line with your estate plan.
OUR VALUES
Diverse in talent and background yet committed to working as an integrated team, we deliver exceptional service through our legal expertise, our friendly approach and professional pillars: a code of excellence that places honesty, integrity, reliability, and efficiency first.
OUR CULTURE
We strive at all times to:
A = Act with integrity
B = Build and nurture relationships
C = Care and be fair