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:
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.