Pre-nup

fastesthamster

fastesthamster

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So, getting married...

Meeting with a lawyer on Monday to organise the ANC, we're going with out of community of property, with accrual. There is some cash that needs to be excluded.

The lawyer asked us to bring along IDs and statements of assets and liabilities. Being a bit of an ASSet myself, I didn't ask any further questions. So, do I need supporting documentation? Can I just print out the last statement I have for stock and investments? Does my R3k current credit card bill count as a liability even though it'll be paid in full by the end of the month?

Who's done this before and has the low down?
 
No, the credit card bill is not important. You don't even need any documentation. For my ANC (also out of community of property with accrual) I simply went to see my lawyer, and told her to exclude my car, house, unit trusts etc, no documentation necessary. Good luck with the big day.
 
What the advantages o disadvantages of : ANC, out of community of property, with accrual
I too have to go this route soon!
Been meaning to see whats what
 
Out of community with or without accruel always feels to me like you're sending the message that you don't have enough trust in your relationship to entrust all you have with it.
 
Picard said:
Out of community with or without accruel always feels to me like you're sending the message that you don't have enough trust in your relationship to entrust all you have with it.
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I've heard the same - but how would you get married?
 
Dolby said:
I've heard the same - but how would you get married?
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I would make sure and take into account factors such as how attractive she is, or you are, meaning that there will always be onslaughts from outside. Also the type of professional industry you or she might be in that could place stress on the relationship. Also just plain good character judgement on both your sides should be able to tell you lots. If you are an a##hole deep inside, it's going to surface later in the marriage and if she has displayed some bitch-like tendencies it will only become worse after a couple of years.

But then again, I'm a piss poor teacher who will bring very little into the marriage. So I'm not too worried. :D
 
Its got nothing to do with trust. More than 50% of marriages end in divorce. Do you think the ones that divorced weren't completely in love and didn't trust each other?? The fact is that no matter how much you love or trust each other you don't know for sure how things will be in 10 years.

I would have been an idiot to risk losing my house or car, even if the risk were 1 in 10000. Its just common sense. Love can make people thick in the head but having an ANC doesn't mean you love each other any less.
 
The first time I got married it was in community of property and it was the best decision I ever made. There's nothing like a pile of debt to chase away a bottom feeding ex wife. :D

Second time around we went ANC w/accrual, mainly to protect my new wife from any of my liability.
 
Sensorei said:
Its got nothing to do with trust. More than 50% of marriages end in divorce. Do you think the ones that divorced weren't completely in love and didn't trust each other?? The fact is that no matter how much you love or trust each other you don't know for sure how things will be in 10 years.

I would have been an idiot to risk losing my house or car, even if the risk were 1 in 10000. Its just common sense. Love can make people thick in the head but having an ANC doesn't mean you love each other any less.
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+1
 
I guess sometimes it makes sense to go out of community of property...

But i think if divorce weren't so easy divorce wouldn't happen as much, personally i would put a clause in my marriage registration making me lose EVERYTHING the day i divorce my wife or if she divorces me she loses EVERYTHING, it must almost be a thing of i don't want to even keep it in the back of my mind...
 
Peder said:
I guess sometimes it makes sense to go out of community of property...

But i think if divorce weren't so easy divorce wouldn't happen as much, personally i would put a clause in my marriage registration making me lose EVERYTHING the day i divorce my wife or if she divorces me she loses EVERYTHING, it must almost be a thing of i don't want to even keep it in the back of my mind...
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Marriage is the easy part - there's nothing easy about divorce. :o
 
Peder said:
must be easy enough if 50% of people are getting divorced, maybe i live in a perfect world but i can't find a reason for someone to break a covenant...
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I can - people are fallible and just sometimes the only thing worse than getting divorced would be staying together. Can you even imagine bringing up kids in an environment like that. No thanks.

Anyway - pre-nup - you wouldn't jump from a plane without a reserve cute now would you. :)
 
Peder said:
must be easy enough if 50% of people are getting divorced, maybe i live in a perfect world but i can't find a reason for someone to break a covenant...
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Sounds like the idealism youth speaking. Usually the only time I hear this, is from someone still looking forward to their 21st birthday, or someone who believes in no sex before marriage :-)
 
Picard said:
Out of community with or without accruel always feels to me like you're sending the message that you don't have enough trust in your relationship to entrust all you have with it.
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It's more a case of not being liable for your partner's debts. With accrual gives you all the benefits of "in community of property" without any of the drawbacks. It's really up to you what you choose to exclude or not.
 
Peder said:
I guess sometimes it makes sense to go out of community of property...

But i think if divorce weren't so easy divorce wouldn't happen as much, personally i would put a clause in my marriage registration making me lose EVERYTHING the day i divorce my wife or if she divorces me she loses EVERYTHING, it must almost be a thing of i don't want to even keep it in the back of my mind...
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That basically amounts to blackmail to keep a failed relationship together. No relationship should be based on this type of logic...
 
DJ... said:
That basically amounts to blackmail to keep a failed relationship together. No relationship should be based on this type of logic...
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the thing is its a choice i can't force my wife to be to do that but i will definately from my side do that, to show that i want to keep my covenant with her till death do us part, if she chooses otherwise then i guess i can't do anything provided i love her enough...
 
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