Protect Your Future Before You Say "I Do"

An ANC offers several key benefits Asset Protection An ANC safeguards your individual assets (property, investments, inheritances) acquired before the marriage, ensuring they remain yours in the event of divorce or death This is especially important if one or both parties bring significant assets into the marriage. Debt Protection Without an ANC, you could be held liable for your spouse's debts, even those incurred before the marriage. An ANC protects you from this liability, providing financial security. Business Protection If you own or plan to own a business, an ANC is vital. It can shield your business assets from being included in a divorce settlement, ensuring its continued operation. Inheritance and Legacy An ANC can help preserve inheritances and family heirlooms, ensuring they remain within your family line. Financial Clarity An ANC promotes transparency and open communication about finances. It clearly defines each spouse's financial responsibilities and how assets will be divided, reducing the potential for conflict.

Yes. Marrying out of community of property can help protect one spouse's personal estate from certain business risks and liabilities, making it a popular option for business owners and professionals.

Yes. An antenuptial contract must be signed before the marriage takes place and is thereafter registered by a notary at the Deeds Office within the required timeframe.

It's advisable to begin the process several weeks before your wedding to allow sufficient time for consultation, drafting, signing, and registration. Leaving it until the last minute can create unnecessary pressure.

With accrual, each spouse keeps a separate estate during the marriage, but the growth of each estate is shared if the marriage ends. Without accrual, each spouse's estate remains entirely separate both during and after the marriage.

An antenuptial contract (ANC) with accrual offers a way to share the financial growth accumulated during marriage while maintaining separate estates. While it aims to be fair, it's essential to understand the potential drawbacks before choosing this option. Carefully weigh these considerations against the benefits to ensure it aligns with your financial goals and expectations. An ANC with accrual can be a valuable tool, but it's vital to be fully aware of its complexities and potential drawbacks. Consult with one of our team here at VDM Attorneys specializing in family law to discuss your specific circumstances and determine if this type of contract is the best choice for your future.

Yes. Inherited assets and certain other assets can be specifically excluded from the accrual calculation, provided the antenuptial contract is drafted correctly.

Yes. In certain circumstances, spouses may apply to court to change their matrimonial property regime through a postnuptial contract, provided the legal requirements are met.

In South Africa, a civil union, as defined by the Civil Union Act, 2006, is a legally recognized, voluntary partnership between two people, regardless of gender. This Act legalized same-sex marriage, giving couples the choice to enter into either a marriage or a civil partnership, both of which offer the same legal status, rights, and responsibilities as a traditional marriage.

Thinking about entering into a Civil Union in South Africa? Whether you're considering a civil marriage or civil partnership, the Civil Union Act 17 of 2006 sets out specific requirements you need to meet. VDM Attorneys provides a clear overview of these prerequisites to help you understand your eligibility. Key Requirements for Registering a Civil Union To legally register a Civil Union in South Africa, both partners must: Be 18 Years or Older Both individuals must be at least 18 years of age to enter into a civil union. There are no exceptions for younger individuals, unlike in the Marriage Act. Be Entering a Monogamous Union You can only be married to or in a civil partnership with one person at a time. South African law prohibits polygamy in the context of Civil Unions and the Marriage Act. Not Be Already Married or in Another Civil Union You cannot enter into a Civil Union if you are already married under the Marriage Act, the Recognition of Customary Marriages Act, or in an existing Civil Union. Provide Proof of Termination of Prior Unions (If Applicable) If you were previously married or in a civil union, you must provide official proof that the prior union has legally ended. This requires presenting a certified copy of a divorce order or a death certificate of your former spouse or partner. Not Be Prohibited by Law from Marrying (Aside from Gender) The Civil Union Act states that you must be eligible to marry each other under the Marriage Act or Recognition of Customary Marriages Act, if you were of different sexes. This means the usual prohibitions on marriage due to close family relationships (e.g., incest) still apply to civil unions. The key change is that being the same sex is not a barrier to entering into a civil union. Have Valid South African Identity Documents Both partners will need to present valid South African identity documents to register their civil union. Important Points to Remember Equal Legal Status Civil marriages and civil partnerships registered under the Civil Union Act have the same legal status, benefits, and responsibilities as marriages under the Marriage Act. Conducted by Authorized Officials Civil Unions are registered by authorized Civil Union Officers, who include magistrates, designated government officials, special justices of the peace, and authorized ministers of religion (with permission from the Department of Home Affairs). Need to Confirm Your Eligibility or Start the Registration Process? Understanding the legal requirements for a Civil Union is the first step. VDM Attorneyscan provide personalized advice and guidance to ensure you meet all the prerequisites and navigate the registration process smoothly. Contact us today for assistance.

Choosing the right legal framework for your relationship is a significant decision. If you are considering a civil union in South Africa and need legal advice to understand your options and ensure your rights are protected, contact VDM Attorneys today. We can provide clear guidance and support throughout the process. Get Started Button Antenuptial Contracts Amendments to Antenuptial Contracts Antenuptial Contracts with Accrual Antenuptial Contracts without Accrual Antenuptial Contract Costs Broken Engagement Civil Unions Community of Property Cohabitation Agreements Cohabitation and Death Cohabitation and Child Maintenance Cohabitation and Property Customary Marriages Hindu Marriages Marriage Annulment Marriage Locations Getting Married in South Africa Getting Married in the Seychelles Registration of a Marriage Abroad Matrimonial Regime Changes Muslim Marriages Postnuptial Contracts

In South Africa, a Cohabitation Agreement (also known as a Life Partnership Agreement or Domestic Partnership Agreement) is a legal contract designed for unmarried couples living together. Much like an antenuptial contract for married couples, it clearly outlines your individual rights and responsibilities while you are living together, and importantly, how your finances and property will be divided should the relationship end. Because South African law doesn't automatically provide cohabiting couples with the same legal protections as married couples, a Cohabitation Agreement is crucial for securing your future and ensuring clarity and fairness in your relationship.

A Cohabitation Agreement from VDM Attorneys is designed to be flexible and tailored to your unique relationship. It's about creating a clear roadmap for your life together, addressing important aspects of your shared life and individual security. So, what exactly can you include in your agreement? Key Aspects Your Cohabitation Agreement Can Cover 1. Property - Now and in the Future Ownership of Homes and Assets -Clearly define who owns what - from your current home to future investments. Home Deposit & Shared Housing Costs - Outline how deposits were/will be paid and who's responsible for rent, mortgage, and related expenses. Dividing Property - if You Separate Agree in advance how jointly owned property will be split if your relationship ends, avoiding future disputes. 2. Finances - Together and Separately Household Bills - Specify who pays for what - utilities, groceries, household maintenance, etc. Ensuring fairness and transparency in shared expenses. Bank Accounts and Finances - Manage joint accounts, personal accounts, and broader financial responsibilities clearly. Debt Responsibilities - Outline how current and future debts will be handled during the relationship and if it ends. Life Insurance and Pensions - Clarify arrangements for beneficiaries and how these assets might be considered in your agreement. 3. Practical Matters & Personal Well-being Care of Pets - Include arrangements for pet care, custody, and related expenses if you separate - because pets are family too! Next of Kin Rights - While a Cohabitation Agreement isn't a Will, you can address certain "next of kin" considerations within its scope (within legal limits). Important Points to Remember Legally Sound, Ethically Driven - Your agreement cannot include anything illegal or "immoral." VDM Attorneys will ensure your agreement is legally compliant. Between You and Your Partner - The Cohabitation Agreement is legally binding between you and your partner only; it doesn't directly impact third parties (separate contracts may be needed for that). Court Assistance if Needed - If disagreements arise about your agreement, you can seek guidance from the courts for interpretation or enforcement. Cohabitation Agreements are NOT Wills - To ensure your partner inherits your assets after your death, you still need a valid Will. A Cohabitation Agreement doesn't replace a Will. To Create a Comprehensive Cohabitation Agreement, Consider Including Full Identification - Clearly state both partners' full names, addresses, and contact details for clarity. Effective Date - Specify the date your Cohabitation Agreement becomes active - usually the signing date. Individual Property (Pre-Relationship Assets) - Clearly define how assets you owned before cohabitation will be treated, especially if you separate. Protect your pre-existing wealth. Joint Property (Assets Acquired Together) - Detail how assets acquired during your cohabitation will be divided if the relationship ends. Expense Responsibilities - Clearly outline who is responsible for which household bills and expenses. Termination Conditions - Define when the agreement ends - marriage, separation by mutual agreement, or other specific events. Review Schedule - Plan to review your Cohabitation Agreement periodically (e.g., every few years) to ensure it still reflects your lives and intentions. A well-drafted Cohabitation Agreement provides clarity, fairness, and security for you and your partner. VDM Attorneys can guide you through all the important considerations and create a tailored agreement that protects your individual interests and strengthens your partnership.

It's common for couples to seek a change due to a misunderstanding of their initial marital property regime. Whether you were unaware of being married in community of property or mistakenly believed you were married out of community of property, Section 21 allows you to rectify this through the postnuptial agreement process.

While not strictly "mandatory" for the validity of the marriage itself, updating your status with the DHA is critically important for several reasons: Accurate Records Ensures your marital status is correctly reflected on the National Population Register - this is compulsory for all South African citizens. Document Updates Necessary for changing your surname on your South African ID and passport. Spousal Applications Crucial for your foreign spouse's temporary or permanent residency applications in South Africa. Child Registration Essential when registering the birth of children born from your marriage. Future Legal Matters Simplifies processes related to inheritance, divorce, or any legal claims that may arise.