Frequently Asked Questions
Family and Personal Law
Antenuptial Contracts (ANC’s)
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An antenuptial contract is one of the most important documents you will ever sign as it regulates your estate on divorce or death. It is a document which is completed and signed before you get married which sets out what matrimonial property regime will apply during the course of your marriage, and are only necessary when you are not getting married in community of property which is the default position in South African law.
You will need your ID or copies of your ID. If you intend on the accrual system applying to your marriage, then you will need to bring with you a list of your current assets and liabilities setting out their actual or estimated values so that you can determine your commencement value (the nett value of your estate prior to the marriage).You must also consider whether there are any of your assets which you want to exclude from any accrual calculation down the line, and these must be specifically listed and properly described so that they are objectively identifiable. NB: Please make sure that when excluding assets from the accrual that it is not included in the calculation of your commencement value and that this is specifically stated so that there is no confusion at a later date.It is best to include a schedule of your assets and liabilities which make up your commencement value as an annexure to the antenuptial contract for clarity purposes.