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 The importance of a marriage contract…

An antenuptial contract, also known as a prenuptial agreement or prenup, is a legal agreement between
two people who plan to get married. In South Africa, an antenuptial contract is a crucial document that
couples can use to protect their assets and finances in the event of a divorce.
In South Africa, there are two types of marital regimes: in-community of property and out-of-community of property. If a couple does not sign an antenuptial contract, they will automatically be married in community of property. This means that all of their assets and liabilities will be shared equally between them. On the other hand, if a couple signs an antenuptial contract, they can choose to be married out of community of property with or without the accrual system.
When a couple chooses to be married out of community of property, it means that each person will keep their own assets and liabilities. However, if they choose the accrual system, it means that the growth of their assets during the marriage will be shared equally between them upon divorce.
It’s important to note that an antenuptial contract must be signed before the marriage takes place. Both parties must be present when the contract is signed, and it must be done in front of a notary public or an attorney.
The contract must also be registered at the Deeds Office within three months of the signing.
In conclusion, an antenuptial contract is an essential legal document for couples in South Africa who want to protect their assets and finances in the event of a divorce. It’s important to consult with a notary public or an attorney to ensure that the contract is properly drafted and registered. By taking the time to sign an
antenuptial contract, couples can have peace of mind knowing that their assets and finances are protected, in case of a divorce.