Anc Antenuptial Agreement

A marriage contract must be concluded before the marriage is concluded. The contract must be signed in front of a notary and two witnesses. The agreement is submitted to the competent Registrar of Deeds. It is recommended that you enter into the marriage contract well in advance of the wedding date, as your relevant marriage agent asks the lawyer to design a letter confirming that you have entered into such an ANC. The matrimonial chosen before the marriage and the marriage contract can protect both spouses and ensure an equitable division of property in the event of dissolution of the marriage. A marriage contract is valid in the same way as other contracts and can therefore be designed according to the specific situation and the parties. However, certain restrictions exist to ensure that such a treaty does not violate other rights or obligations. While it is also possible to include inheritance provisions in a marriage contract, it should be noted that they are best dealt with in a will that can be amended if necessary, whereas a marriage contract can only be updated by an application to the courts. If the spouses do not conclude a marriage contract (“ANC”) before the date of their marriage, the marriage is automatically done in community of property. A marriage contract or ANC means that you are married from a condominium. The most common reason why people choose to marry this marital regime is the protection of their property and financial situation before and during marriage. When concluding a marriage contract, the contracting parties must decide whether it is a contract outside the community of property, with or without a provisioning system.

The provision can then be recognised according to the wishes of the parties, so that certain assets or sources of income can be excluded. If such an exclusion is included in the contract, for example. B if immovable property has been excluded from the provision, ownership of the property would not be affected in the event of dissolution of the marriage, which means that the spouse who was the owner would remain one. A marriage contract can also be used to determine that the parties are involved in the provision in different shares. For example, it is possible to indicate that a husband is entitled to 30% while the wife is entitled to 70% of the declared property. The Court decided that the agreement applies, as has been asserted, to a commercial enterprise and to certain assets under the partnership ownership agreement. He also stated that the main objective of the NCRA was to regulate their matrimonial property regime and that the partnership provided for in the counterclaim constituted a legal person distinct from the matrimonial property regime applicable to the parties. It also applies to couples who already have a joint venture or business venture before the marriage. In the latter case, it would be a good idea to close these possible legal loopholes in the event of possible future divergences.

The Court of Justice had to verify whether the terms of the universal partnership contract for participation in the profits of the fish farm were directly contrary to the explicit exclusion of profits and losses within the ANC. A marriage in community of property is the marriage regime applicable to the parties, as this system applies automatically if the parties do not conclude a marriage contract. It is of the utmost importance to ensure that a marriage contract is drawn up in accordance with all relevant legislation and in the best interests of both parties. . . .