THE IMPORTANCE OF AN ANTENUPTIAL AGREEMENT FOR FOREIGN SPOUSES TO AID IN LEGAL CERTAINTY IN CASE OF DIVORCE

Antenuptial agreementAntenuptial contracts set what we believe to be the cornerstones of successful unions. This, although seeming fairly negative, includes easing the process of dissolving the marriage, in either death or divorce.

The problem most globe trotters face these days – i.e. when one spouse is living overseas, is that it may become a tedious process to file for divorce. The first step when instituting a divorce action is for the Summons to be served on the other spouse. As already stated, this can prove to be a difficult task when the other spouse is not residing in South Africa.

Our law provides for service of the divorce summons by way of edictal citation, which essentially means a different way of serving the Summons on the spouse overseas. The focus of this article will be to demystify this process.

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