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Antenuptial Contracts Cape Town

An ante-nuptial contract (“ANC”) is a contract that is entered into between husband and wife before the conclusion of their marriage. The purpose of an ANC is to regulate the financial consequences of marriage. It can and should determine how the assets and liabilities will be distributed upon divorce or death of one of the parties.

Having an ANC will provide you and your partner with more freedom/choice in deciding upon your marital regime. The only restrictions are that the provisions you incorporate do not go against the law, good morals or the nature of marriage.

An ANC needs to be executed by a notary public and registered within three months from the date on which it was signed. The ANC will be registered at the Deeds offices in the area in which you and your partner are resident. If the ANC has not been registered within the specified time, the parties can approach the High Court in order to accept the late filing thereof. This application must be made within a reasonable time after finding out your ANC was not registered within the specified time.

There are two types of ANC that couples can enter into:

1.     Marriage out of community of property with the accrual system

The parties will provide a nominal value for what each of their estate is worth and that they retain their assets and liabilities before the conclusion of their marriage. Whatever is accumulated, whether assets or liabilities, after the conclusion of their marriage is then shared in equal portions.

2.     Marriage out of community of property with the exclusion of the accrual system

The parties retain each of their own assets and liabilities before and after the conclusion of their marriage. Parties are able to make exceptions to this, but it must be specified in the ANC.

Bailey Haynes Inc. – Divorce Lawyers in Cape Town

Contact our divorce lawyers in Cape Town for expert legal advice and assistance with your antenuptial contract and its registration. 



No such thing as common-law marriage

There is a common misperception of the term “common law marriage” in South Africa. The term is also known as cohabitation, domestic partnership or a life partnership and is defined as a heterosexual or same –sex couple who are not legally married but live together and share an emotional, physical and financial relationship.

Due to the nature of the relationship many regard it as equivalent to a legally recognized marriage, however this is incorrect.

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Till death do us part – the effect your marriage regime has on estate planning

When couples decide to get married, they are usually not thinking about death and what might happen once one of them sadly passes away. However, in reality choosing a marriage regime is very important for estate planning. Here’s what you need to know when considering the effect your marriage regime might have on estate planning.

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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 marriage in terms of the Act. 

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