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Ante-Nuptial (ANC) Contract
Married in Community of Property.
Without an ANC, couples will be automatically married in Community of Property (COP).
This means there is a joint estate where everything will be split down the middle in the event of divorce. The entire estate is then left vulnerable to creditors with no protection to one person’s assets.
Marriage out Community of Property.
There are two options when entering an Ante-Nuptial Contract, this is typically done to protect assets and separate estates. If married with an ANC it’s advisable to purchase assets in the name of the partner less at risk of becoming insolvent. Should insolvency or business liquidation be the case, creditors chase for any personal assets, however, assets in the other partner’s name are protected.
A straight Ante-Nuptial Contract implies that parties maintain separate estates from the beginning, during and at the end of the marriage. Any increase or fall in the estate either parties would not benefit from the estate. This ANC is appropriate for people who marry more than once or who get married later in life.
An Ante-Nuptial Contract with an Accrual is where spouses start with an inception value, which will not be shared in the event of death or divorce, however, parties will equally split the increase in their combined estates. The law states this in a more convoluted way, but essentially the inception values or excluded assets are removed from the combined total of the estates and the remaining value is shared equally between the parties. An ANC with Accrual mimics the sharing benefits of being married in Community of Property.
The right to share in the Accrual of the other spouse’s estate arises in the event of death, divorce or if a court orders otherwise.
Let Viv Greene Attorneys draw up your Ante-Nuptial Contract.
If you would like to know more about Ante-Nuptial Contracts, Fin24 have written a really informative article on the subject. Click Here to read it.