WHAT IS AN ANTENUPTIAL CONTRACT?

An Antenuptial Contract excludes the system of marriage in community of property. A written agreement (antenuptial contract) before marriage or a civil union ensures that each spouse retains their separate property and financial identity. An antenuptial agreement might be advantageous for someone with assets like a house or a business or maintenance obligations towards children from a previous marriage.

There are three main marriage regimes in South Africa:
Marriage Out of Community of Property, without accrual.
Marriage Out of Community of Property, with accrual.
Marriage In Community of Property.

Being acutely aware of the consequences and advantages of each marital regime is paramount in making an informed decision before getting married. It is also important to note that only a notary public is, by virtue of his or her office, entitled to practice in certain areas of law that an attorney may not, such as the preparation and execution of antenuptial contracts.