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Article by listed attorney: Fawzia Khan

Before you take the plunge, take time to consider what type of marital system will govern your marriage !

What should a bridal couple prioritize on their wedding “to do list&rdquo?  My advice would be that they should seriously consider what would happen to their assets when their marriage is inevitably terminated, either by death or divorce. In South African law all marriages are automatically regarded as being in community of property unless an Ante -Nuptial Contract, (“ANC”), has been executed

Faced with a hectic and very often stressful pre- wedding schedule, many couples  leave this important decision about the type of marital regime they want to conclude with their partner, to the eleventh hour. I have had clients calling me a day before they are about to get married, with an instruction draw up an ANC. Whilst this is legally acceptable, it’s certainly not recommended.

See Also: The 3 Types of Marital System in SA

Very often those who failed to seek proper legal advice about their marital regime before they get married live to regret it.

When a starry eyed couple decide to embark on a future together, this is precisely the time when they need to seek independent legal advice as to what  system will work best for them. The reason for separate legal advice is simply that what may work well for your intended spouse may not necessarily be all that great for you. Obtaining independent and objective legal advice at this point could well  turn out to be the best wedding gift you could ever receive or give yourself.

I have often consulted with female clients about to divorce, who tell me they were content at that time to leave those decisions to their partner, or that they didn’t understand the full import of the document they signed prior to getting married, much to their present dismay.

As a Notary Public, I am able to provide electronic legal advice, no matter where you reside, on what marital regime will best suit to your own particular lifestyle and needs, thus enabling you to make an informed choice thereafter. Armed with proper advice and knowledge will allow you to negotiate a better settlement with your intended spouse, should it become necessary. It’s therefore vital not to leave such decisions only to one partner.

2006 Civil Unions Act now allows couples who want to have a customary marriage only to also register an ANC. This would include Islamic marriages, Hindu marriages and African Customary marriages. The Act also includes couples in a same sex union.

In her capacity as a Notary Public, Fawzia Khan of Fawzia Khan & Associates, based in Durban, is able to execute and register your Ante Nuptial Contract or any other other Notarial Document, at the requisite Deeds Office throughout South Africa.