Welcome to Gerhard Barnard Attorneys

Gerhard Barnard
Cell: 072 856 0725

By default a marriage is concluded IN Community of Property in the South African legal system. A couple about to get married will have to decide whether they would want to be married IN community of Property or OUT of community of property.

The only way to be married OUT of Community of Property, is to enter into a marital agreement, better known as an Antenuptial Contract (ANC), before the marriage is concluded. The Antenuptial Contract also has to be attested before an attorney who is a Notary prior to the marriage. The contract will then be registered in the applicable Deeds Registry Office.

Should a couple wish to enter into an Antenuptial Contract, there would be a further choice of whether the Accrual System is to be adopted or not. The accrual system can plainly be described as the ideal partnership for most relationships, giving you the benefit of separate estates but keeping the accrual of assets and debt from the date of marriage fair.