Ante-nuptial Contracts

Antenuptial Contracts

What is an antenuptial agreement?

A contract between two people before they marry, agreeing on the distribution of their assets in the event of death or divorce. The contract is also known as a “prenup” or ANC.

Hugh provides clients with an overview of the various contracts that parties can enter into when getting married.

Understanding the benefits and disadvantages

We provide our clients with an understanding of the benefits and disadvantages of each respective regime, in order to enable our clients to make an informed decision as to what would be applicable and most appropriate for their particular circumstances.

Hugh has had extensive experience over many years in family and matrimonial law, spanning the range from giving couples advice in regard to the various regimes in terms of which people are able to get married in South Africa, which includes, in the initial consultation, providing clients with an understanding of “in-community” and “out of community” marriages, as well as marriages which adopt the Accrual System, and those that exclude the Accrual System. The Accrual System provides for the couple dividing the wealth that has accrued to their respective estates from the date of their marriage to the date of their death or divorce.

A first consultation is arranged in order to inform a couple of their options, and a follow-up consultation is held in order to sign the ANC. The ANC is then signed in front of a Notary Public which is thereafter lodged at the Deeds Office for registration. A letter is provided to the couple at the final consultation to be handed to the marriage officer, prior to the wedding, which indicates the matrimonial regime which the couple has chosen.

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