Antenuptial Contract Archives - Ashersons Attorneys

01 Dec 2017

It’s Wedding Season! Here’s Why You Need an ANC (Whether You Marry Here or Overseas)

The Rand’s weakness notwithstanding, many couples still plan their dream weddings overseas. Likewise, many couples living overseas come back to South Africa to marry. If you are one of them, ask your lawyer before you get married for advice on which country’s laws will apply to your marriage. Why get advice? In South Africa, our default marital regime is marriage “in community of property”, and for many couples that is the worst option. You may well be better off opting rather for the “out of community” option (with or without “accrual”). The point is to make an informed choice rather…

01 Jun 2017

By Mame Amoateng

Will your antenuptial contract protect trust assets on divorce?

A recent Supreme Court of Appeal (SCA) decision (M v M (332/2015) [2016] ZASCA 5) illustrates once again how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with as much detail as is needed for certainty. A multi-million Rand fight over trust assets A divorcing couple had married and divorced three times. They had in respect of the latest divorce been married out of community of property with the accrual system, so each was in principle entitled to 50% of all “accrual” (growth) in their estates after marriage, except as specifically excluded from…

16 Nov 2016

By Mame Amoateng

South African’s three marital systems

In South Africa there are only 3 possible marital systems for couples who are getting married to chose from. They are: A marriage in community of property (this is the default system!) A marriage out of community of property with the exclusion of the Accrual system A marriage out of community of property with the inclusion of the accrual system The choice between the 3 marital systems is very important since it will govern how your assets and liabilities (debts) will be dealt with, not only between the two of you, but also between you and other people. A very important…

16 Oct 2015

By Ashersons Attorneys

Love knows no borders – or does it?

As anyone who has planned a wedding will tell you, "location" is one of the more important factors to consider. While it is tempting to look outside of South Africa’s borders for a setting that is perfect for your special day, one might be cautioned against letting the golden sunset blind you to what’s missing in the picture: an ante-nuptial contract. When romance is in the air, it’s easy to forget some of the more practical aspects of a marriage. Matrimonial property regimes play a vital role in all marriages, and it’s important to make sure that your union will be guided according…