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If you do not enter into an antenuptial contract before date of marriage, you will automatically be married in community of property in terms of South African law. What this means, is that you and your spouse will each jointly own all assets and liabilities accrued by either party before the marriage and during the marriage in equal shares. More and more couples are realising that a marriage in community of property holds little benefits while the financial risk and exposure is tremendously high.
An antenuptial contract not only dictates your financial future after marriage but also how you transact with third parties. It is thus very important to ensure that your antenuptial contract encapsulates your specific needs.
Another reason for ensuring that you are wholly satisfied with your antenuptial contract and the marital property regime selected, is the difficulties you will face should you wish to amend your contract after date of registration or if you wish to change your marital property regime entirely. Amendments to your antenuptial contract after registration As soon as the antenuptial contract has been registered in the Deeds Office and confirmed by your marriage, it cannot be altered inter partes between the parties informally.
The only way to amend the contract is by way of both parties to the contract bringing an application in the High Court in terms of section 21 of the Matrimonial Property Act No 88 of However, all other parties concerned must consent to the rectification, and the rights of creditors and third parties are protected first and foremost.
They will have the opportunity to oppose the application with reasons should the change affect them in a negative way. It is also important to note that there are certain further requirements for bringing this court application: A High Court application will be very costly for the parties and, as mentioned, there are strict requirements to adhere to for such application to be successful.
Furthermore, if the parties are the registered owners of any immovable property and the ownership thereof is affected by this change to the antenuptial contract, the title deeds of said properties must be endorsed in terms of section 45 bis of the Deeds Registries Act 47 of
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Are Emotional dudes a turnoff?What would happen if your ante nuptial contract was found to be invalid? This is a situation that some people have found themselves in lately. In South African law for a couple to be married out of community of they must enter into (and execute ie sign) an antenuptial contract. the Deeds Office within three months from date of signature / execution. . We also publish our own online newsletter that keeps you up-to-date with news from the legal..
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What is An Antenuptial Contract?
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