Tag Archivesantenuptial contract
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Antenuptial Contracts – Part 1 of 3 -Implications of Marriage Out of Community of Property

In the twenty first century many couples are entering into an Antenuptial Contract in order to protect their individual assets and restrict their exposure to liabilities brought on in terms of solemnizing a marriage or civil union in community of property. The specific liabilities one is exposed to as well as the requirements to exercise your rights […]

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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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Foreign marriages: knowing your marital status when married in another country, with regard to conveyancing and estate planning

Marriages and civil unions in South Africa are governed by different marital property regimes which directly impact property ownership. These are either in or out of community of property. In South Africa, when executing an antenuptial agreement, or prenuptial agreement as termed in other countries (also known as a prenupt or prenup) the marriage is […]

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Excluding inheritance from the consequences of a marriage in community of property

Up until now, many people who are married in community of property have believed that if a property is left to them in a will (only one of the two spouses), it is untouchable and cannot be attached to settle outstanding debts. Allen West, chief deeds trainer in Pretoria investigated this phenomenon and had the […]

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