FAQ — Antenuptial

Key Takeaways:

• Antenuptial agreements, or prenups, clarify financial aspects before marriage.

• Common queries involve legal enforceability, contents, and when to create one.

• Legal consultation with a Notary is crucial to ensure a valid, tailored agreement aligning with both parties' intentions.

Do I need a notary public to prepare an ante nuptial contract (prenup)?

Yes as only a Notary Public is authorised by law to do this.

When getting married what are your ante nuptil contract options?

A marriage contract “in community of property” (no Ante Nuptial Contract) or “out of community of property”. In the case of “out of community” there is the option of with or without the accrual system.

What steps do you follow to let a particular system apply to your marriage?

Should you marry without entering into any form of ante nuptial contract you are automatically married in community-of property in terms of South African Law. Should you wish to be married out of community of property an ante nuptial contract has to be entered into and attested before an attorney who is a notary public prior to the marriage. The ante nuptial contract will then be lodged in the Deeds Registries Office for registration.

What is an ante nuptial contract?

An ante nuptial contract is entered into between you and your future spouse prior to getting married, which stipulates the terms and conditions of the exclusion of community of property. Any provision may be included in your ante nuptial contract, provided it is not contrary to the law. The accrual system will apply should your ante nuptial fail to expressly exclude the accrual system.