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Question
Posted by: The One | 2010/03/01

Out of Community of Property

My fiance and I are have agreed to get married out of community of property. What is the process to follow with regards to drawing up a contract (please clarify whether it''s called a prenup or ante-nuptial). Could we get married before the contract is finalised?

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Our expert says:
Expert ImageFamily law expert

An Antenuptial Contract, also known as a Prenuptial Contract or Prenup, is a contract entered into by two people prior to their marriage, to stipulate the terms and conditions for the exclusion of community of property between them.

Each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses. If one spouse was declared insolvent, the other's property is protected from the insolvent spouse's creditors, subject to Section 21 of the Insolvency Act.

A Antenuptial Contract will have to conform to certain standards and prescriptions in order for the Registrar of Deeds to accept and register it. Although anyone with enough knowledge could probably draft an Antenuptial Contract, only an attorney who is a Notary may tend to the registration thereof. The Antenuptial Contract must be signed in his presence by you and your spouse to be or by someone you both have given Power of Attorney to sign it on your behalf.

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Our users say:
Posted by: Family law expert | 2010/03/03

An Antenuptial Contract, also known as a Prenuptial Contract or Prenup, is a contract entered into by two people prior to their marriage, to stipulate the terms and conditions for the exclusion of community of property between them.

Each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses. If one spouse was declared insolvent, the other's property is protected from the insolvent spouse's creditors, subject to Section 21 of the Insolvency Act.

A Antenuptial Contract will have to conform to certain standards and prescriptions in order for the Registrar of Deeds to accept and register it. Although anyone with enough knowledge could probably draft an Antenuptial Contract, only an attorney who is a Notary may tend to the registration thereof. The Antenuptial Contract must be signed in his presence by you and your spouse to be or by someone you both have given Power of Attorney to sign it on your behalf.

Reply to Family law expert
Posted by: G-Dad | 2010/03/02

The contract has to be registered before marriage.

Reply to G-Dad
Posted by: GT | 2010/03/01

HI
If it is a contract it best to have before marriage or before the marriage certificate is sent to be registered b your attorney.

Without a cruel is: what is yous before marriage and during marriage is yours eg property
Without a cruel is what is yours before marriage is yours and during marriage what is accumulated is split 50-50.
Personally if you have property and valuables prior to marriage it is best without a cruel. it can safeguard a t later stage if things go wrong during your marriage

Reply to GT

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