Caution Advised: The Pitfalls of Online Antenuptial Contracts
In South Africa, an antenuptial contract (ANC) is a critical legal document that determines the matrimonial property regime of a marriage. While the online creation of ANCs offers convenience and cost-effectiveness, there are significant factors to consider before opting for this route. Complexity of legal requirements: ANCs in South Africa are governed by intricate laws […]
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Getting married marks an exhilarating period filled with thoughts of potential venues, wedding attire, and your future living arrangements. However, it’s crucial to allocate time for contemplating an antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. In South Africa, the default assumption is that […]
Is It Possible to Override a Registered Antenuptial Contract with a Postnuptial Agreement?
Before the Matrimonial Property Act 88 of 1984 (MPA) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwards. The case of Honey v Honey in 1992 (93 SA 609 […]
Antenuptial contracts: Can I get one after marriage?
Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]