Antenuptial Contracts
If you’re getting married and your antenuptial contract (ANC) isn’t notarised or registered with the deeds office, what happens – particularly if you get divorced? When you enter into an ANC, the Deeds Registries Act of 1937 sets out several formalities. The first is that your ANC is notarised, and the second is that it’s registered in a deeds registry within three months. If you don’t follow these steps, South African legislation says that the ANC will not be valid against any person who was not a party to the agreement. But what does this mean? Let’s say, for example, that John and Sarah...
Read MoreMarriage Finances 101: Approach getting married with a view to divorce
There are countless TV shows and bubbly pop songs which elevate and celebrate the magic of the marriage ceremony…the dress, the cake and the goodwill which accompany the manner in which young couples enter the lofty realm of matrimony. Far less attention, however, is paid to the important decision which should precede your guest lists and seating arrangements: the decision as to which matrimonial property regime you’d like to govern your marriage relationship. So let’s break it down… In South Africa there are three options to choose from: In community of property (the primary matrimonial...
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