Take caution when instruction is given to register your antenuptial agreement
Congratulations! Wedding bells will be ringing in the near future and you did your homework well. You already gave instruction to your attorney to draft and register your antenuptial agreement. But be aware of certain pitfalls that may render your antenuptial agreement invalid and therefore resulting in a marriage in community of property. Section 87 […]
A cruel system? Married with the Accrual
In terms of section 4(1)(a) of the Matrimonial Property Act 88 of 1984, the accrual of the estate of a spouse is described as follows: “The accrual of the estate of a spouse is the amount by which the net value of his estate at the dissolution of his marriage exceeds the net value of […]
Wedding bells?
Every girl dreams of a fairy tale wedding. The perfect husband, dress, venue and let us not forget, the ever popular “happily ever after.” Unfortunately, the rising divorce rate provides a clear indication that married couples are far more likely to opt for divorce before reaching the “… until death do us part” bit of […]
Planning your estate as newlyweds
For newlyweds, one of the most important tasks to attend to is estate planning. The estate planning will depend on what the couple wants and what form of marriage they are in. It is therefore important to keep the following in mind when planning the years ahead together. Marriage in community of property There is […]
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 […]
Validity of Antenuptial Contracts
One must be careful when drafting and signing an Antenuptial Contract. Aside from ensuring that the contents is all correct, one must also ensure that all the necessary provisions are contained therein to make the contract valid. The consequences of neglecting to do so may result in a marriage in community of property even though […]