Notarial Practice
Professional notarial services for documents, contracts, and certifications you can rely on.
About our Notarial Practice
Notarial services involve the legal certification of documents by a Notary Public. These services are crucial for ensuring the authenticity and legal validity of documents that require formal execution, such as contracts, agreements, and deeds. A Notary Public acts as an impartial witness, ensuring that the documents are signed voluntarily and that all legal formalities are adhered to.
Notarial services are often required in both local and international transactions and are integral to a wide range of legal processes. Whether you are entering into an agreement, dealing with property transactions, or formalizing your marital status, notarial services provide the necessary legal assurance that the document in question is genuine, legally binding, and executed in compliance with relevant regulations.
At Ebersohns, we provide a full range of notarial services, that are reliable, expedient, professional and conducted with the utmost integrity.
Enquire Today
Enquire today about our Notarial Practice
Ante-Nuptial Agreements (ANC)
An Ante-Nuptial Agreement (ANC) is a legally binding contract signed by both parties before their marriage, outlining the marital property regime that will govern their relationship which is then subsequently registered in the Deed Office. It is particularly important for couples who wish to protect their assets, clarify financial responsibilities, and establish the division of assets at death or divorce.
Drafting and Customisation
We assist couples in drafting Ante-Nuptial Agreement that are as unique as they are.
Explaining the Options
We provide clear explanations of the different marital regimes ensuring that clients understand their options and make informed decisions.
Legal Advice on Property Rights:
We advise clients on the legal implications of the different marital property regimes and how they impact property rights, inheritance, and the division of assets in the event of separation, divorce or death.
Registration and Notarisation
We handle the necessary logistics and steps to ensure the Ante-Nuptial Agreement is registered with the Deeds Office.
Notarial Agreements & Deeds
In terms of amongst others the Deeds Registries Act, certain agreements and deeds must be notarially executed and registered in the Deeds Office. We advise clients on the negotiation of these agreements and facilitate the entire process from drafting and preparation to execution and registration.
Our services in this regard include drafting of the following notarial agreements:
- Servitudes
- Notarial Bonds
- Long Term Lease Agreements.
Powers of Attorney
A Power of Attorney (POA) is a legal document that grants one person (the agent) the authority to act on behalf of another person (the principal). It is used for a variety of purposes, such as handling financial matters, making legal decisions, or managing property during the principal’s absence.
Drafting and Notarisation
We draft and notarise General and Special Powers of Attorney that clearly outline the scope of authority granted to the agent, ensuring it is legally valid, binding and properly executed.
Special Powers of Attorney
We draft bespoke Special POAs for various needs, such as medical decisions, real estate transactions or managing a business.
Revocation of Power of Attorney
We provide legal advice on the revocation of Powers of Attorney to ensure that the revocation is carried out legally and without dispute.
Notarial Certification and of Documents
A notarial copy is an official copy of an original document that is certified by a Notary Public. This service is often required for official purposes, such as when submitting documents to government authorities or when dealing with foreign institutions.
For documents to be recognized outside South Africa, they often need to be authenticated. This is a critical step in international transactions, including immigration matters, business transactions and legal proceedings such as winding up of estates.
Certification of Documents
We certify copies of important documents, such as identification documents, transcriptions, medical records, wills, passports, contracts and educational certificates.
International Certification
We assist clients in obtaining notarised copies of documents that may be required for international legal matters ensuring they meet foreign legal requirements.
Apostilles and Certificates of Authentication
We help clients authenticate documents for international use by drafting and preparing notarial attestations, certificates of authenticity and obtaining an apostille from the High Court or Department of International Relations and Cooperation (DIRCO) and foreign embassies.
Why Choose Ebersohns
for Notarial Services?
Expert Notarial Team
Our team of experienced Notaries offers precise, reliable, and legally sound services. We understand the complexities and legal nuisances relating to notarial practice and have experience in dealing with a wide range of notarial matters over a vast array of jurisdictions.
Comprehensive Notarial Services
Whether you’re drafting an Ante-Nuptial Agreement, notarising contracts or authenticating documents for international use, we offer a full spectrum of notarial services to meet your needs.
Personalized Approach
We take the time to understand your specific requirements and ensure that you are provided with the correct notarial documentation you require.
Trusted Industry Reputation
We have built a strong reputation for providing professional, efficient, and reliable notarial services and are trusted by colleagues and clients across a wide range of industries.
Antenuptial Contracts and Different Marital Regimes – Nuptial Agreements
Getting engaged is one of the most exciting events in any couple’s life. We realize that dealing with antenuptial contracts is the last thing you want to do at such a happy time. Our firm prides itself on explaining in detail the different types of marital regimes available to you and assisting you in selecting the right marital regime to suit your lifestyle and particular circumstances. We view a well-drafted antenuptial contract as an investment in your future.
An antenuptial contract is undoubtedly one of the most important agreements you will ever enter into. These notarially executed antenuptial contracts not only come into play should the parties decide to get divorced but also greatly impact how spouses’ assets will be distributed when one of them passes away.
The Matrimonial Property Act 88 of 1984 provides for three different marital regimes:
- A marriage in community of property
- A marriage out of community of property
- A marriage out of community of property with the application of the accrual system
Each of these matrimonial property regimes has its advantages and disadvantages.
In Community of Property
If a couple does not conclude an antenuptial contract before they are married, South African law dictates that such a couple will automatically be married in community of property. This means that from the date of marriage, there is one estate, namely the joint estate, which consists of all the assets and liabilities of you and your spouse, irrespective of whether the assets (such as a house) are registered in only one party’s name. You and your spouse are joint owners of all the assets and are jointly liable for all the debts.
Should either spouse die or in the event of the parties divorcing, the joint estate is divided equally. Each party is entitled to half of all the assets and is responsible for half of all the debts.
While this may sound like exactly what marriage should be, this marital regime may have consequences which are less than ideal. For example:
- In the event of the death of one of the spouses, the joint estate will need to be wound up to perform the necessary division of the joint estate and to distribute the proceeds of the deceased spouse’s estate. This often means that the surviving spouse finds their bank accounts frozen and has to live in legal limbo while the winding-up process occurs.
- There is no financial independence.
- Since you and your spouse share one joint estate, your spouse’s debts are half your debts and, if they become over-indebted, creditors may lay claim to “your” assets to pay your spouse’s debt off.
- Taken further, if one spouse goes insolvent, the entire joint estate can be appropriated and put towards paying that spouse’s creditors, leaving both spouses in a precarious financial situation.
To avoid these negative consequences, an antenuptial contract must be entered into by couples before they get married. Concluding an antenuptial contract means that you will be married out of community of property – that is, the spouses will each have their own separate estate, with separate assets and liabilities.
Out of Community of Property – With Accrual
This is the default out of community of property marital regime. If the antenuptial contract does not specifically provide that accrual is not excluded, it will automatically apply.
The accrual system is helpful to protect a spouse who may, for various reasons, earn substantially less than their spouse, for example where one spouse elects to remain at home to raise the couple’s children.
When parties enter into this form of antenuptial contract, each spouse will record their estate’s value at the time of entering into the marriage. This is done by calculating the value of the party’s assets and subtracting the amount of all that party’s liabilities.
The accrual system works as follows:
- Each party remains the owner of the assets that he or she bought before the marriage and all assets that he or she bought since the commencement of the marriage.
- At the dissolution of the marriage, either by death or divorce, you determine by how much (if any) the estate of the husband increased (from the date of conclusion of the antenuptial agreement until the dissolution of the marriage) and how much the estate of the wife increased (from the date of conclusion of the antenuptial contract until the dissolution of the marriage).
- If, for example, the husband’s estate increased by R10 million and the wife’s estate increased by R5 million, the husband (or his estate) will have to pay half the difference between the respective accruals to the wife. Using the above example, the difference between the different accruals is R5 million, so the husband will have to pay R2.5 million to the wife.
The advantages of this antenuptial contract regime are that:
- This system allows the spouses to retain their financial independence, and each spouse can manage his or her estate as he or she sees fit.
- Only insofar as the parties purchase property together (such as a house) will they be joint owners of that property.
- Since each spouse manages his or her own estate, the spouse’s creditors cannot look to the other spouse for payment (unless the latter signed a suretyship).
Out of Community of Property – Without Accrual
Under this antenuptial contract regime, assets acquired before or during the marriage remain separate throughout the course of the marriage. Each spouse has a separate estate, which remains completely separate from the other spouse’s estate. Assets are not shared. We often recommend this marital regime to couples who accumulated substantial assets prior to their marriage.
There is complete financial independence under this form of marital regime. Should one spouse become insolvent, that spouse’s creditors are, once again, unable to lay claim to the other spouse’s assets to pay for the insolvent spouse’s debts.
However, in the case of divorce or of one spouse dying, each spouse’s estate remains completely separate and each spouse is only entitled to those assets that fall in his or her estate. They will have no claim against each other.
The antenuptial contract needs to be signed before the conclusion of the marriage in front of a notary and the said antenuptial contract must be registered at the Deeds Office within 3 months of the conclusion of the marriage.
Although it is possible to change your chosen marital regime once you are married, this is a very long and expensive process involving a High Court application. Allow us to help you get it right the first time!
Protect Your Future with a Professionally Drafted Antenuptial Agreement
An antenuptial agreement is a smart and responsible step toward securing your financial future. At Ebersöhns, we draft clear, legally sound agreements tailored to your unique needs.