Signing an antenuptial contract before getting married does not mean you are anticipating divorce
Even though the current generation is more open to talking about virtually anything, there is still a tendency among people to avoid talking about certain topics irrespective of their paramount importance. Signing a prenup, which is more appropriately referred to as an antenuptial contract, might be one of the taboo topics in some of our […]
ANTENUPTIAL CONTRACTS: CAN I GET ONE AFTER MARRIAGE?
Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]
AM I STILL LIABLE FOR MY SPOUSE’S DEBT AFTER DIVORCE?
A husband and wife buy a house together. Their marriage takes a tumble, along with their finances, and they have to sell their home and are left with an outstanding mortgage bond. They subsequently got divorced. The couple is concerned about what will happen to the debts and who will be responsible for paying them. […]
PLANNING YOUR ESTATE AS NEWLYWEDS
For newlyweds, one of the most important tasks to attend to is estate planning. The estate planning will depend on what the couple wants and what form of marriage they are in. It is therefore important to keep the following in mind when planning the years ahead together. Marriage in community of property There is […]
ANTENUPTIAL CONTRACTS: CAN I GET ONE AFTER MARRIAGE?
Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already gotten married in community of property, and later decide to change to another form of marriage contract. Can it be done? The Matrimonial Property Act […]
CUSTOMARY MARRIAGES AND COMMUNITY OF PROPERTY
Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. A marriage that is valid in terms of customary law and was in existence at the time of commencement of the Act, is for all purposes recognised as a […]
DO I NEED AN ANTENUPTIAL CONTRACT BEFORE MARRIAGE?
An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system. An antenuptial contract offers a number of benefits: Preventing your intended marriage from automatically being in community of property Offering transparency […]
DEALING WITH MARRIAGE AND ESTATE PLANNING
It is important to understand the legal implications of the marital property regime, especially when drafting a Last Will and Testament and also when entering into a marriage, as the regime chosen by the estate planner is going to affect his/her assets. The most important forms of marriage are: marriage in community of property, marriage […]