As an Admitted Attorney, Conveyancer and Notary Public, Phatheka Maliphale is responsible for the drafting and notarising of all Ante-nuptial Agreements at SSLR Incorporated.
Phatheka is passionate about her work and takes care of all Notarial matters including Ante-nuptial Agreements at the firm where she is practising as an Associate Attorney.
She holds an LLB degree, obtained from UNISA and a National Diploma in Business Management. She was admitted as an attorney in 2015. Prior to completing her LLB studies, she worked as a conveyancing secretary at a number of prestigious law firms and has since been admitted as Conveyancer and Notary Public.
Why a marriage contract?
The success of the marriage depends to some extent on the consensus reached by a couple before the marriage, regarding the matrimonial property system to govern their marriage (the pre-nuptial agreement reached), referred to as the antenuptial agreement (ANC) in South Africa.
However, since this is so pivotal to a couple’s future together, how can newly-weds be expected to envisage circumstances that would warrant such careful consideration and planning, and still make sensible decisions regarding the types marriage contracts, if they had never been exposed to any of it?
Getting your head around the various options of ‘married in community of property’ or ‘out of community of property’, ‘antenuptial contract with accrual’ or ‘without accrual’, and so on, can be rather daunting. Especially since it might not even be relevant at the time of executing the antenuptial contract.
Since prospective spouses have to decide together what the consequences of the various systems will mean for them, it is crucial for anyone contemplating a wedding to consider obtaining professional guidance before making some of the most critical decisions, sometimes with irreversible long-term consequences.
For a detailed discussion on marriage contracts, be sure to read the more elaborate explanation on antenuptial contracts.
At SSLR Inc., our devoted family law attorney will guide and assist you to make sensible choices regarding your antenuptial contract and a Notary Public in the firm will attest the ANC.
For an appointment, contact us on (011) 664 8528 or complete and submit the Contact Form below.
In South Africa, a civil marriage is, by default, a marriage in community of property. To marry out of community of property, an ante-nuptial contract needs to be signed by the spouses in the presence of two witnesses and attested by a notary public.
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