Antenuptial contract

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The relationship between your will and antenuptial contract explained

What enjoys preference? Your antenuptial contract or will?   We have always maintained that an antenuptial contract is like the foundation to building a home. This is because, it dictates your financial future after marriage during your life, how you transact with third parties and further equally importantly directs how your assets will be distributed […]

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The consequences of not registering an Antenuptial Contract in the Deeds Office

In South African law for a couple to be married out of community of property (either with or without the application of the accrual system) in terms of section 2 of the Matrimonial Property Act 88 of 1984, they must enter into (and execute ie sign) an antenuptial contract. Importantly this must be done before […]

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Married and no Antenuptial contract, what now?

Parties often receive poor legal advice about South Africa’s matrimonial property system before entering into a marriage. Some parties are be under the misconception of what the law entails with regards to marriages. In other instances time just got the better of the parties and they forgot to seek the assistance of an attorney before […]

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Getting Married, Civil Union or Customary Marriage?

The Department of Home Affairs is tasked with the authority to manage the solemnisation and registration of civil marriages, customary marriages and civil unions. There are various pieces of legislation governing these unions including; the Marriage Act 25 of 1961 and regulations, Recognition of Customary Marriages Act 120 of 1998 and the Civil Unions Act […]

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The importance of having a professionally drafted Antenuptial Contract and Last Will and Testament

Professionally drafted Antenuptial Contracts and Last Wills and Testaments can save time and money in the long run. Nicolene Schoeman and Luise Ostler explain the importance of both documents and what the negative effects are of not ensuring that you have these documents drafted by a professional who has taken your individual needs into account. […]

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