Antenuptial contracts and the Civil Unions Act

In terms of The Civil Unions Act 17 of 2006, a civil union is defined as a voluntary union between two persons of the same sex or of opposite sexes, older than the age of 18, solemnised and registered either by way of marriage or civil partnership. A civil union will have the same matrimonial and patrimonial consequences as a marriage concluded in terms of the Marriage Act 25 of 1961.

Significantly, the fact that same-sex couples can now enter into a marriage or civil partnership that may be registered means these couples are afforded protection in the context of succession and financial planning.

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