New divorce ruling could affect prenups in South Africa

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 […]

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Divorces are on the rise thanks to COVID and the holiday season

Divorce costs and how to reduce them

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 […]

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How to manage finances before tying the knot

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 personal finance experts looks at financial planning before marriage. We agree that this unromantic but practical […]

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Antenuptial agreement now available to women in customary marriages

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 […]

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Marriage out of community without the accrual: what is it and what are the implications?

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 […]

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Financial planning for couples married with the accrual system

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 […]

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Choosing a matrimonial property regime

Exploring the advantages and disadvantages of each matrimonial property regime. Reprinted from – by  Eric Jordaan – Crue Invest (Pty) Ltd – 2020-08-18 Image: Shutterstock One of the most important decisions to make before getting married is choosing a matrimonial property regime to be married under. Your marriage contract has future financial implications, so […]

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