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Pre-Marriage Contracts

If you have decided to get married or enter into a Civil Union, you may contract out of the default regime of universal community of property. You may opt for a regime of deferred community or even exclude community altogether. If you are already married, you and your partner may wish to apply to court for leave to change the matrimonial property system applicable to your marriage.

The principles underlying the matrimonial property regimes are complicated and ante- and postnuptial agreements are not for the amateur attorney. Intending spouses who enter into an antenuptial contract seldom anticipate that their relationship will end in divorce. It is important to consult a Family Law attorney who will advise you on the most sensible way to provide for an equitable outcome in case of an irretrievable breakdown.

Cohabitation Agreements

If you are co-habiting or involved in a life partnership, ADA could assist you in regulating your rights and duties by means of a domestic partnership contract.

In concluding such contract you and your partner could achieve a measure of protection as against each other as well as against third parties. You may for example agree to maintain each other, regulate ownership of property and agree on liability for household necessities.

Contractual obligations may flow from religious marriages and spouses to such marriages should be aware that their union may be regarded as a universal partnership formed for the joint benefit of both parties. Because of changes in social practices and traditions, we realise how important it is to be fully apprised of the legal implications of non marital relationships and our team of experts can give you advice on existing statutory protection as well as contractual issues pertaining to such relationships.

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