Antenuptial Contracts

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Entering the bond of marriage, customary or otherwise, or a civil union, has financial consequences and you must consider it before tying the knot. 


The default marriage position in South Africa is that of being married in community of property, which entails that the assets and debts of both partners to the marriage or civil union are shared equally.  For example, if you have a vehicle, 50% of the vehicle will belong to you and the other 50% thereof to your partner; and if the vehicle was purchased through vehicle finance, both partners would be liable equally (jointly and severally) to the finance provider for repayment of the loan. You can therefore potentially incur liability for the debts of your spouse. 


To avoid the default position, you and your partner may enter into an antenuptial contract before entering into the marriage or civil union. The agreement may then stipulate that the assets and liabilities of the individual partners remain the assets and liabilities of the individual partners. In the antenuptial agreement you can also choose whether or not the accrual system should find application.  The accrual system is only applicable between the partners of the marriage or civil union; and it only comes into operation at death or divorce. The possible consequences of the accrual system are best explained in person.