ANTENUPTIAL CONTRACT

Monique Oosthuizen – Lawyer

There are two types of antenuptial contracts:

With accrual:
Each party begins with R0 or with the physical amount that each one has in their separate estates (home content value, replacement value of cars, market values for houses,etc.).  With death or divorce the amount with which each estate has accrued is determined.

Example the gentleman begins with R100 000 and end with R200 000.

The lady begins with R50 000 and end with R100 000.

Therefore the growth on the gentleman’s estate is R100 000 and on the lady’s R50 000.

The estate which shows the smallest accrual has a claim against the other estate – in the example above, the lady has a claim against the gentleman’s estate.

Gentleman’s accrual of R100 000 – lady’s accrual R50 000 = R50 000 – divided by 2 = lady claims R25 000 from the gentleman’s estate.

Therefore each one starts with their own estate and then build on their combined estate during the marriage.

With the accrual there can also be exclusions from the calculation from the starting and end value such as inheritance, houses, shares in companies, etc. -therefore that which you obtained on your own and want to keep as your own regardless of the marriage can be excluded from the calculation as explained.

Without accrual:
What’s yours remains yours and what is mine remains mine – not building on a combined estate during the marriage and with death or divorce each one gets their own assets and liabilities back – thus if the gentleman bought the microwave and the lady bought the washing machine, he gets the microwave and she gets the washing machine after death or divorce.

My fee options are set out below:

Antenuptial contract with consultation
  Fee R1850
  Lodgement fee R200
  Deeds office fee R260
  Total R2310
Antenuptial contract without consultation
  Fee R1350
  Lodgement fee R200
  Deeds office fee R260
  Total R1810
Antenuptial contract with consultation and a standard  will
  Fee R2700
  Lodgement fee R250
  Deeds office fee R260
  Total R3210
Antenuptial contract without consultation and a  standard will
  Fee R3000
  Lodgement fee R250
  Deeds office fee R260
  Total R3510


If you would like to proceed with the antenuptial contract then please forward both your id’s and the option (with or without the accrual), to my e-mail address moosthuizen15@yahoo.com  and I will proceed in drafting a concept for you!

PS: If you are divorced or a widow/widower, then I will need the divorce order and settlement agreement or death certificate together with the id’s.

Kind regards
Monique Oosthuizen
Cell: 083 244 1649