Introduction

An antenuptial contract, also known as a prenuptial agreement, is an important legal document that couples should consider when getting married in South Africa. It is a contract between two people who are about to get married and sets out how their assets and liabilities will be divided in the event of death or divorce. This document is especially important for couples who have significant assets or liabilities, such as businesses or large amounts of money. It can also help protect both parties from any financial losses due to unforeseen circumstances. In this article, we’ll look at why it’s important to have an antenuptial contract in South Africa and how it works.

 What is an Antenuptial Contract?

An antenuptial contract (ANC) is a legally binding agreement between two people who are about to get married. It sets out how their assets and liabilities will be divided in the event of death or divorce. This document is especially important for couples who have significant assets or liabilities, such as businesses or large amounts of money. It can also help protect both parties from any financial losses due to unforeseen circumstances. The ANC must be signed by both parties before the marriage can take place, and it must be registered with the Master of the High Court in order for it to be legally binding.

Furthermore . . . .

An antenuptial contract is essential for couples who want to protect their assets and liabilities in the event of death or divorce. Without one, all assets acquired during the marriage will be shared equally between both partners regardless of who contributed what financially during the marriage. This means that if one partner dies, their assets may not go to their intended beneficiaries (e.g., children). Additionally, without an ANC, creditors may be able to claim against both partners’ assets if either partner defaults on a loan or debt incurred during the marriage – even if only one partner was responsible for taking out the loan or debt. An ANC can help protect both partners from these kinds of scenarios by setting out clearly how assets and liabilities will be divided in these circumstances.

An antenuptial contract typically covers four main areas: property rights, inheritance rights, spousal maintenance rights and financial responsibility during marriage/divorce proceedings. In terms of property rights, an ANC sets out which partner owns which property (e.g., house) before and after marriage; inheritance rights set out which partner inherits what upon death; spousal maintenance rights set out how much each partner should receive if they separate; and financial responsibility sets out which partner should pay what debts/expenses incurred during the marriage/divorce proceedings (e.g., legal fees).

To get an antenuptial contract in South Africa you can contact one of our lawyers who specialises in family law – they’ll be able to advise you on what needs to go into your ANC and help you draw up a legally binding document that meets your needs. Once you have your ANC drawn up by your lawyer it must then be signed by both parties before being registered with the Master of the High Court – this process usually takes around six weeks so it’s important that you plan ahead if you want your ANC to be ready before your wedding day!