Daly Morris Fuller Attorneys
About
Our approach is built on three core principles: providing practical, cost-effective solutions, fostering strong, long-lasting client relationships, and maintaining a commitment to continuous learning and self-improvement. Our professional team actively engages in fields related to legal practice, expanding their knowledge to deliver the best possible outcomes for our clients.
While it is increasingly common to seek out specialists for legal matters, we believe that sound, common-sense legal advice remains universally valuable. In areas where specialized expertise is needed, particularly those we have refined over time, we will not hesitate to bring in the right expert. This may involve consulting not only another lawyer (advocate) but also professionals such as accountants or forensic auditors, depending on the case's needs.
While it is increasingly common to seek out specialists for legal matters, we believe that sound, common-sense legal advice remains universally valuable. In areas where specialized expertise is needed, particularly those we have refined over time, we will not hesitate to bring in the right expert. This may involve consulting not only another lawyer (advocate) but also professionals such as accountants or forensic auditors, depending on the case's needs.
We Offer:
Ante-nuptial Contracts (ANCs) and matrimonial property regimes are legal concepts related to marriage and how assets and liabilities are handled within the marriage.
1. Ante-nuptial Contracts (ANCs):
An Ante-nuptial Contract is a legal agreement entered into by a couple before they get married. It outlines how their property and financial matters will be handled during the marriage and in the event of divorce or death. In South Africa, the two primary options for ANCs are:
- In Community of Property (No ANC):Without an ANC, a couple is automatically married "in community of property." This means all assets and liabilities are shared equally between the spouses, regardless of whether they were acquired before or during the marriage. Both parties are jointly responsible for any debts incurred by either person.
- Out of Community of Property (With ANC): If the couple signs an ANC before marriage, they are married "out of community of property." There are two variations:
- With Accrual: Each spouse keeps the assets and debts they bring into the marriage, but any increase in their estates during the marriage is shared equally when the marriage ends (through divorce or death).
- Without Accrual: Each spouse's assets and debts remain entirely separate throughout the marriage, and nothing is shared if the marriage ends.
2. Matrimonial Property Regimes:
These regimes dictate how a couple's assets and debts are managed during the marriage, and they affect what happens to the couple's property during a divorce or after the death of a spouse. The main regimes in South Africa are:
- In Community of Property: All assets and debts are shared equally between the spouses.
- Out of Community of Property (With Accrual):** Each spouse keeps their assets and liabilities, but they share the growth of their estate during the marriage.
- Out of Community of Property (Without Accrual): Each spouse’s assets and liabilities are completely separate, and there is no sharing of assets or estate growth.
Couples often choose to sign an Ante-nuptial Contract to ensure clarity on how their financial and property matters will be managed, avoiding potential legal complications in the future.
1. Ante-nuptial Contracts (ANCs):
An Ante-nuptial Contract is a legal agreement entered into by a couple before they get married. It outlines how their property and financial matters will be handled during the marriage and in the event of divorce or death. In South Africa, the two primary options for ANCs are:
- In Community of Property (No ANC):Without an ANC, a couple is automatically married "in community of property." This means all assets and liabilities are shared equally between the spouses, regardless of whether they were acquired before or during the marriage. Both parties are jointly responsible for any debts incurred by either person.
- Out of Community of Property (With ANC): If the couple signs an ANC before marriage, they are married "out of community of property." There are two variations:
- With Accrual: Each spouse keeps the assets and debts they bring into the marriage, but any increase in their estates during the marriage is shared equally when the marriage ends (through divorce or death).
- Without Accrual: Each spouse's assets and debts remain entirely separate throughout the marriage, and nothing is shared if the marriage ends.
2. Matrimonial Property Regimes:
These regimes dictate how a couple's assets and debts are managed during the marriage, and they affect what happens to the couple's property during a divorce or after the death of a spouse. The main regimes in South Africa are:
- In Community of Property: All assets and debts are shared equally between the spouses.
- Out of Community of Property (With Accrual):** Each spouse keeps their assets and liabilities, but they share the growth of their estate during the marriage.
- Out of Community of Property (Without Accrual): Each spouse’s assets and liabilities are completely separate, and there is no sharing of assets or estate growth.
Couples often choose to sign an Ante-nuptial Contract to ensure clarity on how their financial and property matters will be managed, avoiding potential legal complications in the future.
Contact Information
+27 31 267 7700
Reviews
Samantha made the process of drawing up and registering out ANC completely stress free, she made herself available outside of working hours in order to consult and explained the various marital regimes expertly.
- Lauren and Ant Wood
- Lauren and Ant Wood
DMF was excellent in assisting us on an urgent basis to sign our ANC.
- Sanele and Thabo
- Sanele and Thabo
