Antenuptial Agreements
Antenuptial agreements can also be known as a marriage contract, prenuptial agreement or premarital agreement. The phrase is commonly abbreviated to ANC, antenup, prenup or prenupt.
Regardless of what you call it, an antenuptial agreement
is one of the most important contracts that a person will enter into during
his or her lifetime. In terms of South African law, the antenuptial agreement
regulates and determines your marital property regime and the financial
consequences of your marriage.
Having an antenuptial agreement in place before your marriage or civil
union will give you both peace of mind that your respective assets
will be protected if you do decide to get divorced or when your spouse passes
away. An antenuptial agreement, tailored to the particular circumstances
of you and your spouse, will benefit you in a number of ways. Here are some
examples:
- An antenuptial agreement prevents your intended marriage or civil union from automatically being one in community of property, a regime that presents many associated problems.
- An antenuptial agreement prevents your intended marriage or civil union from automatically being one in community of property, a regime that presents many associated problems.
- An antenuptial agreement records the rights, duties
and consequences of the marriage, which can create more transparency and
trust between spouses.
• An antenuptial agreement provides legal certainty to couples getting married outside their country of normal domicile. - The antenuptial agreement is one of the basic elements of effective and sustainable estate planning strategies for your future as a couple and your children’s future.
The agreement also clarifies which party to the contract is liable for any
debts incurred in instances such as divorce or insolvency proceedings.
Schoeman Attorneys can help you and your prospective spouse to draw up an
antenuptial contract before your marriage or civil union. Our antenuptial
contract service includes a consultation, drafting the contract and registering
the contract with the Deeds Office. For more information about antenuptial
contracts, visit our detailed Antenuptial
Contracts page, or contact
an Attorney for more details.
If you are getting married or entering into a civil union, you and your
partner may wish to draw up your wills at the same time. For more information
about this service, visit our wills page.
If you want to know more about our antenuptial agreement drafting services, read through the various Publications we have written on the subject, our Antenuptial Agreement page, or contact us.
