How to get an antenuptial contract in Port Elizabeth, South Africa

To get an antenuptial contract in Port Elizabeth (South Africa) is surprisingly easy.

1. You and your fiance need to see the practical benefits of a marriage, which is legally out of community of property.
2. Get a clear idea of what both of you would like from the arrangement.
3. Phone a notary and make an appointment to discuss an antenuptial contract. Please note that you need to clarify costs and fees beforehand and be very clear on what is included and what is not.
4. Be prepared for the consultation
1. Bring along both your identity documents, proof of residence;
2. If one of you were married before bring along the Divorce Order;
3. Make a list with questions to ask about the contract, this is the time to ask them
5. The consultation - notaries, despite their weighty responsibilities are in general in my experience very down to earth and friendly - so there is no need to be nervous.
6. Ask all your questions and if make sure you fully understand.
7. Provide all the information required by the notary.
8. The notary will then draft the contract and supporting documents.
9. A second consultation is the arranged to peruse the draft and deal with any remaining questions.
10. The contract is then signed in front of the notary and two witnesses and of course the parties themselves.
11. Once signed, the couple is provided with a letter which confirms the signature of the contract, for the marriage officer.
12. The signed and sealed contract is then sent the attorneys close to our Deeds Office (Cape Town).
13. These attorneys are known as correspondent attorneys and they lodge (hand in) the contract at the Deeds Office and track its progress to registration, when the Registrar registers the contract.
14. The contract will then remain in the Deeds Office, where it will be scanned in.
15. The original (duly registered) contract is then returned a few months later to the Cape Town attorneys who in turn return to the local attorney, who will keep same until you collect it.

This simple process is all it takes, the Notary does the rest.

How difficult is it to get an antenuptial (marriage) contract in Port Elizabeth (South Africa)

In Port Elizabeth it is a simple thing to get a antenuptial contract, also sometimes referred to incorrectly though, as a marriage contract. The antenuptial contract must be executed by a notary (specially qualified attorney).

Just last week I was phoned on a Monday for an urgent antenuptial contract because the couple had completely forgotten about getting it done and they were getting married on Saturday. Although, in theory one could sign the contract up to just before they actually legally get married, its less stressful to get it done well in advance. I arranged for a breakfast meeting and we designed a contract which would be best suited for their unique circumstances and it was signed two hours later.

In our practice an antenuptial contract can start as low as R1500.00 plus VAT and escalates with additional complexity. This cost includes an initial consultation, drafting of the documents and supporting documents, the signing of the documents and the fee to the Cape Town attorneys to register the contract at the Deeds Office, in Cape Town.