Welcome to our Antenuptial Agreements Department!

The most important basics

An Antenuptial Agreement, to determine the terms and conditions of your marriage, must be signed in front of a NOTARY BEFORE you get married and then REGISTERED at the DEEDS OFFICE within 3 MONTHS from date of signature.
‍

If no Antenuptial Agreement is done, the marriage is automatically IN community of property. You and your spouse will have one joint estate and will share all assets and all liabilities.
‍

If an Antenuptial Agreement is done, the marriage is OUT of community of property. You and your spouse will have separate estates, with separate assets and liabilities.
‍

It is important to agree if you want to INCLUDE or EXCLUDE the ACCRUAL SYSTEM. This will determine what will happen when the marriage ends
‍

If the ACCRUAL SYSTEM is INCLUDED, the accrual (growth) in the estate of each spouse since date of the marriage are calculated and compared. The spouse whose estate grew less during the marriage will have a claim against the other spouse for half of the difference in the accruals. Simply stated, the spouses will each be entitled to half of the combined accruals in their estates.
‍

If the ACCRUAL SYSTEM is INCLUDED, the value of each spouse’s estate at the start of the marriage must be stated in the Antenuptial Agreement, and any assets which a spouse may want to exclude from the accrual calculations.
‍

If the ACCRUAL SYSTEM is EXCLUDED no such calculations will be done when the marriage ends and no spouse will be entitled to claim accrual from the other spouse.