Business interests need to be considered long before the marriage ends Divorce is a process of financial uncoupling as much as emotional separation. The division of assets may be contested and it may take a while to reach agreement, particularly where a couple has a high net worth. What happens when there are significant business […]
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. […]
In praise of marriage in community of property It’s common, in the event of divorce, for one spouse to keep the family home. Sometimes the asset may be sold. The spouses share the proceeds and go on to buy new properties that suit their new single lifestyle. But where there are children involved, one parent […]
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 […]
Exploring the advantages and disadvantages of each matrimonial property regime. Reprinted from moneyweb.co.za – 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 […]
The importance of choosing the right matrimonial property regime We’ve written a lot about marriage finances and the importance of antenuptial (and postnuptial) contracts. The decisions you make before the wedding will impact on your union until it ends – either by divorce or death. Will you be married in community of property or out […]
An antenuptial contract with accrual is a fair concept, but it is not always appropriate Antenuptial contracts (ANCs) are a fairly standard part of modern wedding preparations. Prior to the Matrimonial Property Act of 1984, antenuptial contracts did exist, but were exceptional. The majority of marriages were in community of property (still the default marital regime in […]
Why you might enter into an antenuptial contract Antenuptial Contract – Two people planning a wedding think their love will last forever. Why else would they be intending to marry, if not to live happily ever after? Unfortunately, statistics prove that this does not always happen. In fact, according to Stats SA, roughly four in […]
