Definitions: antenuptial, prenuptial, and postnuptial

When it comes to discussions about antenuptial contracts, there is often some confusion regarding certain terms. For clarification, here is an explanation of three terms that couples are bound to come across when researching information on these contracts. Antenuptial contract/agreement An antenuptial contract, known colloquially as a prenuptial contract (or “prenup”), is a private agreement … Read more Definitions: antenuptial, prenuptial, and postnuptial

What is an antenuptial contract?

An antenuptial contract, known colloquially as a prenuptial contract (or “prenup”), is a private agreement entered into between a couple who plan to get married. The purpose of the contract is to change some or all of the automatic financial values of marriage. The prenup allows the couple to put together their own matrimonial property … Read more What is an antenuptial contract?

Antenuptial contract with accrual – divorce procedure

When the accrual is included in a matrimonial property regime, each spouse declares his/her estate’s nominal value at the start of the marriage and keeps their assets and liabilities, unless expressly included. The term “accrual” describes the net increase in the value of a spouse’s estate since the date of the marriage. Put differently, what … Read more Antenuptial contract with accrual – divorce procedure

Antenuptial contract vs in community of property in South Africa

Marriage in community of property In terms of South African law, if a couple does not sign an antenuptial contract before their marriage, they are automatically deemed to be married in community of property. So, all assets and liabilities are automatically shared and jointly owned by the couple. The biggest risk that a couple faces … Read more Antenuptial contract vs in community of property in South Africa