When Must an Antenuptial Contract Be Registered
When Must an Antenuptial Contract be Registered?
If you`re planning to get married and you`re considering an antenuptial contract, you need to know when it must be registered. An antenuptial contract is a legal document that outlines how your assets will be divided if your marriage is dissolved. It`s a precautionary measure that can protect you in case of divorce or death.
In South Africa, an antenuptial contract must be registered with the Deeds Office before the wedding takes place. This means that you need to plan ahead and make sure that your contract is in order well before the big day. If you fail to register your antenuptial contract before the wedding, it will be considered null and void, and you will be automatically married in community of property.
There are a few steps you need to follow to register your antenuptial contract:
1. Find a Notary Public
You need to find a Notary Public who can draw up your antenuptial contract. A Notary Public is a lawyer who specializes in drafting legal documents and is authorized to authenticate them. The Notary Public will draft your antenuptial contract according to your requirements and ensure that it complies with the requirements of the Deeds Office.
2. Sign the Contract
You and your future spouse will need to sign the antenuptial contract in the presence of the Notary Public. This is a legal requirement, and the Notary Public will ensure that both parties fully understand the contents of the contract before signing it.
3. Get it Notarized
The Notary Public will then notarize the antenuptial contract. This means that they will certify that the contract is legal and valid. The Notary Public will attach a certificate to the contract, which will be required for registration.
4. File with the Deeds Office
Once the antenuptial contract has been signed and notarized, it must be filed with the Deeds Office. The Deeds Office is responsible for maintaining records of all property transactions in South Africa. You will need to provide the Deeds Office with the original notarized contract, as well as a copy of the Notary Public`s certificate.
In conclusion, if you`re planning to get married and want to protect your assets, you need to register your antenuptial contract before the wedding takes place. This legal document will ensure that your assets are protected in case of divorce or death. Be sure to follow the steps outlined above to ensure that your antenuptial contract is legal and valid.