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Antenuptial Contracts

Registering an Antenuptial Contract in South Africa

Before registering an antenuptial contract, the agreement needs to be notarised by a practicing notary attorney who has no personal relation to either one of the spouses.

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The Benefits of an Antenuptial Contract

An antenuptial contract is an agreement entered into by two people, who intend on getting married, before the actual marriage takes place.

Should the couple fail to enter into a valid, notarised antenuptial contract before their marriage, they will, by default, be married in community of property.

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Asset Accrual Calculation – Accrual System on Divorce

Accrual is defined as the accumulation or increase of something over time. When referring to marriage out of community of property with accrual, we refer to a type of contract entered into by the couple before solemnising their marriage.

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Everything You Need to Know About an Antenuptial Contract in South Africa

An antenuptial contract, also known as a prenuptial agreement, is a contract entered into by two people who intend to get married. This document states how their assets will be dealt with in the event of divorce or death.

However, according to South African law, any marriage entered into without an antenuptial contract is by default a marriage in community of property.

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