Our firm is able to provide assistance in all family and matrimonial law matters:

1

Antenuptial Contract


In the preparation to get married the parties have many decisions to make from flowers, photographers and a venue. All of these service providers come with their own contractual obligations.


What parties often lose sight of is the need to conclude a contract to regulate the terms and conditions of the marriage between the soon-to-be spouses. It is important to note that the “antenuptial” contract must be concluded before the wedding.

An antenuptial contract (“ANC”) is the agreement entered into between prospective spouses prior to their nuptials. This agreement allows the prospective spouses to determine the marital regime that will apply to their marriage.

2

Changing Marital Regime


"Changing your marital property regime may seem like a daunting task with too many requirements. Here at BC Attorneys, we can assist in streamlining the process, and making the application on your behalf."


In South Africa, if a couple gets married without first entering into an ante-nuptial contract, they will automatically be married in community of property which means that one joint estate belongs to both spouses in undivided shares.

This can often have negative consequences where one spouse can be held liable for the debts of the other, and neither spouse can sell nor offer any of the jointly owned assets as security for a loan, without the consent of the other spouse. Couples often only become aware of the consequences after getting married, and may wish to change their marital regime after getting married.


Frequently Asked Questions


1Can you change your marital regime?
In South Africa it is possible to change your marital property regime, in terms of section 21 of the Matrimonial Property Act 88 of 1984. This is done by both spouses jointly applying to the relevant High Court for an order to amend their matrimonial property regime.

We have three different marital regimes in South Africa
  • Marriage in community of property;
  • Marriage out of community of property, without the application of the accrual system; and
  • Marriage out of community of property, with the application of the accrual system.

Most often couples find themselves being married in community of property, and they wish to change their marital regime to out of community of property, either with or without accrual.
2How do you change your marital regime?
The Matrimonial Property Act provides that the following requirements must be met in order to obtain an amendment of your matrimonial property regime:
  1. There must be a sound reason for the proposed change;
  2. Notice of the Application must be given to the Registrar of Deeds;
  3. Notice must be published in the Government Gazette and two local newspapers;
  4. Notice must be given to all known creditors by certified post at least 2 weeks prior to the application being made;
  5. The draft notarial contract must be annexed to the application;
  6. No other person must be prejudiced by the proposed change;
  7. The Application must contain enough information on the parties’ assets and liabilities, to enable the court to decide whether the parties have a good reason for the change, or whether any particular person will be prejudiced by the change.

Once the court is satisfied that that all the above requirements are met, it can make an order that the existing matrimonial property regime no longer applies, and allow the parties to enter into a Notarial contract by which their future matrimonial property regime will be regulated.

This entire process can be complex, lengthy and costly, and we advise you to speak to one of our attorneys who can assist you in changing your marital regime.
3

Divorces


When we enter into a marriage, we have the belief that it will last forever, the reality is that marriages do end, and the dissolution of a marriage has very real and lasting effects.


Our approach at Bliden Campbell Attorneys Incorporated is to consider that at the beginning of your relationship there was a romance that developed into love and resulted in a contractual commitment toward one another. We try to remind individuals that even though they are separating, and the marriage is being dissolved, it is important to remember that it is still a relationship. We seek to reach an amicable dissolution where parties can dissolve their marriage in an expedient and cost-effective manner.


Types of Divorces


1) Unopposed Divorce

An unopposed divorce is one where the parties are able to reach an agreement and do not contest the divorce. Parties are able to work together and decide on the terms of the dissolution and how their assets will be dealt with.

2) Opposed Divorce

An opposed divorce is where the parties are unable to reach an agreement regarding the dissolution of their marriage, it is then left to the court to decide on the issues in dispute.


We can assist in drafting a settlement agreement and a parenting plan. This will ensure that the best interests of the children are taken into account and that their financial needs are met.
The dissolution of a marriage can be a complex, lengthy and costly process, at BCA we are able to guide and support you through this process.

4

Parenting Plans


A Parenting Plan (“the Plan”) is a written agreement entered into between parents. The Plan sets out how each parent will exercise their respective rights and responsibilities to their minor child/children after the dissolution of the marriage or separation.


The Plan will indicate how parents will collaborate to ensure that the best interests of the child/children are met in all aspects of the child’s/children’s upbringing, from schooling to extramural activities. The Plan will help ensure that both parents are always aware of their rights and responsibilities.

We can assist both parents in drafting the Plan, considering the current needs of the child/children. We are further able to review the Plan as the child/children develop and the developmental needs of the child/children change.

 

We offer a full range of quality legal services and expertise, supported by sound business and legal knowledge.


Please Note: Our firm does not provide free legal advice, and a consultation may first be required in order to assess the merits of your matter.


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