Anc Antenuptial Agreement

Anc Antenuptial Agreement

In the event of a partnership agreement, the contracting parties must decide whether it is a partnership agreement with or without a delimitation system. The delimitation can then be accounted for according to the wishes of the parties, which allows certain assets or sources of income to be excluded. If such an exclusion is included in the contract, z.B. if a property has been excluded from the imputation, the property`s ownership would not be affected in the event of dissolution of the marriage, meaning that the only spouse who was the owner will remain so. While it may be problematic to discuss an antenuptial contract as part of marriage plans, suggesting that either partner doubts the potential of marriage, this document can avoid a lot of grief in the future. It`s not like a will (except that everyone dies when everyone doesn`t divorce), it`s unpleasant to think about it, but once done, you can forget until it`s necessary. And if we need it, it can make life easier for everyone. Although it is possible to include estate provisions in a later contract, it should be noted that they are better dealt with in a will that can be amended if necessary, while a subsequent contract can only be updated by a court application. An antenuptial contract establishes the rules and conditions that govern the division of property both during the marriage and at the time of its dissolution. The ANC does not apply to marriages in the community because, in this type of marriage, both parties are the owners of the common estate. Marriages without co-ownership can be contracted with or without credit. A cancellation agreement must be entered into before the marriage is concluded.

The agreement must be signed before a notary and two witnesses. The agreement is submitted to the clerk responsible for the facts. It is recommended to enter into the antenuptial contract well in advance of the date of the marriage breakdown, as your marriage agent needs a letter confirming that you have entered into such an ANC by the editorial lawyer. It is of the utmost importance to ensure that a follow-up contract is developed in accordance with all relevant legislation and in the interests of both parties. It is therefore important to obtain the direction of a serious notary who executes the association contract on behalf of the parties concerned. The matrimonial regime chosen before the marriage and the antenuptial contract can protect both spouses and ensure an equitable division of property in the event of dissolution of the marriage. An antenuptial contract can also be used to establish that the parties are involved in delimitation in different proportions.


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