Purpose and benefits of antenuptial contracts If you’re thinking of getting married, you may wonder if you need an antenuptial contract (ANC or, colloquially, pre-nup). Or perhaps a friend or relative is planning a wedding and you’re wondering why they are fretting over their pre-nup when there is so much to do for the ceremony. […]
An ANC can protect your assets and your marriage In South Africa, couples traditionally married in community of property. This is still the most common regime, here and in many countries. In this type of marriage both parties are the owners of the joint estate and, when they divorce, they split the marital property 50/50. […]
Reprinted from BusinessTech, by Luke Fraser – 2023-01-22 The Supreme Court of Appeal (SCA) says separate agreements from an antenuptial contract – or prenup – are valid and enforceable. A prenup governs the matrimonial property system between two spouses and is entered into before a marriage concludes. However, there was recent confusion regarding the validity […]
If you’re a fan of the pop singer Adele, and even if you’re not, you can’t have missed the fact that the 30-year-old has released a new album, called…wait for it…30. And…not exactly a spoiler alert…it’s full of emotion, this time about her recent divorce. Divorce is an emotional business, but it’s also a costly […]
We’ve written extensively about divorce and finances and about matrimonial property regimes. We always encourage couples embarking on marriage to think carefully about their regime and whether an antenuptial contract is right for them. This article from the iol.com personal finance experts looks at financial planning before marriage. We agree that this unromantic but practical […]
A traditional wedding at the Mvezo royal palace in the Eastern Cape. (Photo: Gallo Images / City Press / Khaya Ngwenya) Women in customary marriages can now inherit property, or ask for an antenuptial agreement. David Thomson, senior legal adviser at Sanlam Trust, says once the Bill is signed by the president it will mean […]
This marriage regime may be a good fit for couples getting remarried later in life. Image: Shutterstock In an out of community of property marriage, there is no joining of the spouses’ estates into one joint estate, meaning that each spouse retains full control and contractual capacity of their estate which includes all assets and […]
What couples need to be aware of when making financial decisions. Image: Shutterstock If you’re married out of community of property with the accrual system, you will have an ante-nuptial contract in place which sets out the financial consequences of your union. Including the accrual system is a way to ensure that each spouse gains […]
