NOTARY

• Authentication of documents for use within and outside the borders of South Africa;
• Antenuptial Contracts;
• Wills;
• Powers of Attorney.
• Notarial Bonds; and
• Notarial Deeds of Servitude.

• Education documents (i.e.: degree certificates)
• Powers of Attorney
• Copies of Identity Documents or Passports
• Marriage Certificates
• Letters of No Impediment issued by the Department of Home Affairs
• Unabridged or full Birth Certificates
• Death Certificates
• Divorce Certificates
• Police Clearance Certificates

A notary public is a person authorised by the state to perform specific legal formalities. Their main functions include:

• Witnessing Signatures: A notary verifies the identity of the signers and ensures that they are signing documents willingly and without coercion.
• Drafting and Notarising Agreements: drawing and notarising legal contracts such as antenuptial contracts and notarial deeds.
• Acknowledgments: Notaries confirm that the signatory to a document is aware of what they are signing and does so voluntarily.
• Certifying Copies: They may certify that copies of documents are true and accurate copies of the originals.
• Protesting Notes: In certain cases, notaries can formally declare that a negotiable instrument, like a check or promissory note, has been dishonoured.

The role of a notary is to prevent fraud by ensuring that documents are executed properly and with full awareness of their contents.

In South Africa, an apostille is a certificate that authenticates the origin of a document for use in countries that are part of the Hague Convention of 1961. An apostille ensures that a document issued in South Africa can be recognized as valid abroad.

Steps to get an apostille in South Africa:

• Arrange for a consultation at our offices and our notary public with guide you through the proceedings.
• Drafting of the document: Ensure that the document you want to apostille is an official document. This could be a birth certificate, marriage certificate, diploma, or any public document issued by a South African government entity.
• Once the document has been authenticated by the notary public, they will attend their nearest High Court Registrar to have the apostille signed off.
• If the country to which it will be submitted is not part of the Hague Convention, your notary will approach the Department of International Relations and Cooperation (DIRCO): The apostille for documents originating from South Africa is issued by the Department of International Relations and Cooperation
• Submit Documents: If your document is already certified (e.g., notarized), you can submit it directly for an apostille. If not, you might first need to have the document certified by a notary public, commissioner of oaths, or the relevant authorities.
• Processing Time: The apostille process can take anywhere from 5 to 10 working days, though expedited services might be available for an additional cost.

South African law, an Antenuptial Agreement (ANC) is a legal contract entered into by two people before they get married and the marriage ceremony is held. The agreement outlines the marital property regime that will govern their financial relationship during the marriage.

There are two primary types of marital property regimes in South Africa:

• In Community of Property: This is the default regime in the absence of an Antenuptial Agreement. It means that all assets and liabilities acquired during the marriage are jointly owned by both spouses.
• Out of Community of Property: This means that each spouse retains separate ownership of their assets and liabilities, and they can choose whether to include accrual (a system where one spouse’s growth in assets during the marriage can be shared with the other).

The Antenuptial Agreement allows the couple to opt for a property regime other than the default “in community of property,” which helps to protect their individual financial interests and manage potential risks in case of divorce or death.

The agreement must be signed by both parties and registered with the deeds office before the marriage takes place, and it is typically executed before the wedding ceremony. If the agreement is not executed properly, the marriage will automatically be governed by the default regime of in community of property.

In South Africa, an Antenuptial Agreement (ANC) and a Prenuptial Agreement (Prenup) essentially refer to the same thing, but the terminology and context can differ slightly.

• Antenuptial Agreement (ANC)
  • • • • This is the official legal term in South Africa for a contract entered into by a couple before their marriage. It outlines the financial arrangements and property rights of each party in the event of divorce or death.
        • It must be signed before the wedding, and it determines the matrimonial property regime that will apply, such as whether the couple will marry in community of property or out of community of property (with or without the accrual system).
        • An ANC is a formal, legal document, and it must be registered at the Deeds Office after being signed.

• Prenuptial Agreement (Prenup)
  • • • • While the term “prenuptial agreement” is often used colloquially and internationally, in South Africa, the legal term is an Antenuptial Agreement.
        • People may use “prenup” in informal conversations to refer to the same legal concept, but it is not the officially recognized term in South African law.