FAQ
If you have any questions or concerns please view our Frequently Asked Questions below.
If you are still unsure, or if your question has not been answered please feel free to contact our offices, we will be happy to assist!
01
What is an Antenuptial contract?
An Antenuptial Contract (ANC) is a contract signed between two people who intend getting married.The Antenuptial contract governs how assets and debts will be dealt with between the two of you as a couple and between you and the outside world.
Under South African marital law there are three possible marital systems for couples to choose from,
1. Marriage IN Community of Property
2. Marriage OUT of Community of Property WITH accrual
3. Marriage OUT of Community of Property WITHOUT accrual
Please download our free information booklet for a detailed description of each system and how it works.
02
Why sign an Antenuptial contract?
My fiancé and I are getting married, not getting Divorced, so why sign an Antenuptial contract?!
An Antenuptial contract is signed before you get married, but it operates in a way similar to an insurance policy, in that you will only use it if one of 3 possible events occurs in the future, what we call the 3D's.
The 3D's consist of Divorce, Debt and Death.
Your Antenuptial contract will govern how your assets and debts are dealt with between the two of you, and between you and the outside world in the event of one of the 3D's occuring. As you can see Divorce is only one aspect of this, an Antenuptial contract has relevance for keeping your assets safe and for estate planning, it's important for protecting each other from the outside world, it is not only about divorce!
Download our free information booklet for more details on why you should consider signing an Antenuptial contract.
03
Is it the same as a "Prenup"?
A "Prenup" or "Prenuptial" Agreement is a term that has been popularised in pop culture and generally refers to an American marital contract. The law in South Africa differs from that of America and our contract is referred to as an Antenuptial contract, however they are similar in that they deal with how assets and debts will be handled between the two of you as a couple and between you and the outside world.
04
Do we have to sign an Antenuptial contract?
The quick answer is No. However if you choose not to sign an Antenuptial contract your marriage will be governed by the default system in South Africa, which means you will be considered to be married IN Community of Property. If this is not the best regime for you and your spouse you could be placing your financial future in jeopardy.
05
Do we have to decide before we get married?
YES! It is very important to note that if you wish to sign an Antenuptial contract you must do so BEFORE you get married. If you do not sign an Antenuptial contract before you get married then the default system will apply and you will be considered to be married IN Community of Property. Once you are married it is only possible to change your marital regime by way of an application to the High Court which could be very costly and time consuming!
Make an informed choice before your marriage in order to avoid this, contact us now!
06
07
What about Customary Marriages?
Customary marriages have been recognised by the Customary Marriages Act. The Act recognises both monogamous and polygamous marriages and provies them with the same recognition as civil marriages if they comply with the terms of the Act. If neither spouse is married already, then the customary marriage will be considered to be IN community of property, unless you sign an Antenuptial contract.
What about same sex marriages?
Same sex marriages are governed in terms of the Civil Union Act. When it comes to an Antenuptial contract there is no difference between a marriage conducted in terms of the Civil Union Act and if you do not sign an Antenuptial contract the default system of IN community of property will apply.
