Chanine Goosen & Associates is situated in Krugersdorp and can assist with Antenuptial Contracts, Conveyancing (Transfer of Properties) and Preparing of Wills and Testaments.
GETTING MARRIED ? NEED AN ANTENUPTIAL CONTRACT ?
The biggest question parties should ask when deciding on marriage is whether they will be getting married IN COMMUNITY OF PROPERTY or OUT OF COMMUNITY OF PROPERTY….
Thoughts to consider on getting married IN COMMUNITY OF PROPERTY:-
• Will not require any Legal Contract to be entered into between the parties;
• Both parties to the marriage will be jointly and severally responsible for all debt;
• Both parties to the marriage will own 50% of the other party’s assets;
• It will be mandatory that both parties sign on any transaction.
Thoughts to consider on getting married OUT OF COMMUNITY OF PROPERTY:-
• By doing an Antenuptial Contract, each party will be responsible for his/her own debt incurred before and during the marriage….Each spouse is therefore protected from the other spouse’s creditors;
• Parties are free to enter into transactions with regards to their own assets, without having to obtain consent from their spouse;
• Each party retains control of his/her own property and can build up his/her own estate during the marriage;
• Each party retains their individual financial identity independently from that of the other party;
• If one of the parties to the marriage is declared insolvent, then the creditor’s cannot touch the assets which belong to the other spouse;
• Certain assets, for sentimental or financial reasons may be excluded in an Antenuptial Contract if one of the parties does not want it to form part of their joint estate;
When getting married OUT OF COMMUNITY OF PROPERTY...Parties can decide if they want to be married WITH or WITHOUT ACCRUAL:-
• WITHOUT ACCRUAL works on the basis of “whats mine is mine and whats yours is yours”… the parties don’t share in the accrual at all during their marriage.
• WITH ACCRUAL works on the basis that whatever is accumulated DURING the marriage will be split between the parties on a 50/50 basis in the event of death/divorce.
SELLING / BUYING PROPERTY ??
Allow Chanine Goosen & Associates to assist you with the Property Transfer. 15 yrs of Experience in this industry.
NEED A WILL ??
Contact us today so that we can assist you with the preparation of you Will / Testament.