Antenuptial Contracts Cape Town

Ante-nuptial contracts (“ANC”) are entered into between you and your husband- or wife-to-be before you conclude your marriage. The purpose of an ANC is to manage the financial consequences of marriage both during and afterwards. The contract determines how your assets and liabilities will be distributed upon divorce or on the death of one of the parties.

Antenuptial Contracts Cape Town

Ante-nuptial contracts (“ANC”) are entered into between you and your husband- or wife-to-be before you conclude your marriage. The purpose of an ANC is to manage the financial consequences of marriage both during and afterwards. The contract determines how your assets and liabilities will be distributed upon divorce or on the death of one of the parties.

The consequences of signing an ANC are it provides you and your partner with greater freedom and choices in deciding upon your marital regime. You are only restricted in so far as the provisions you incorporate are against the nature of marriage, the law or good morals.

A notary public will execute your ANC and register it within three months from the date on which it was signed. Your ANC will be registered at the local Deeds office, which in the case of Cape Town is at  90 Plein St, Cape Town City Centre. If your ANC is not registered within the specified 3 months then you can ask the High Court to accept the late filing of the contract. You must ensure that the  application is made within a reasonable time after finding out your ANC was not registered. A “reasonable time” is not specified, so it will be up to the court to decide whether you have applied in time.  In order to avoid any surprises later on, it is best to request confirmation from your attorney that your ANC has indeed been registered and that they provide proof of registration.

 

There are two types of Antenuptial Contracts that you can enter into:

  • Marriage Out of Community of Property With the Accrual System

You will be asked to provide a nominal value for whatever each of your estates is worth and you will then retain your assets and liabilities that exist before the conclusion of your marriage. Whatever you accumulate, whether they be assets or liabilities, after the conclusion of your marriage is then shared in equal portions.

  • Marriage Out of Community of Property With the Exclusion of the Accrual System

Each of you will  retain your own assets and liabilities from before the marriage as well as after the conclusion of your marriage. You can make exceptions to this, but they must be specified in the ANC.

Divorce Lawyers in Cape Town

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