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Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts

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Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts

Do you have any specific question on pre-nuptial or ante-nuptial contracts  similar to that below? If yes, feel free to post it below.

We will try to answer them for you.

How does a pre-nuptial contract work?

A pre-nuptial or ante-nuptial contract is an agreement an unmarried couple enters into before they get married. I deals with the proprietary aspects of their marriage and other related issues. For example, it would deal with what matrimonial property regime applies to the marriage. For example, whether they will be be married “In Community of Property and Profit and Loss”, or “Our of Community of Property and Loss”with our without the Accrual Regime. In an Ante-nuptial contract mention can also be made of what assets are excluded from the joint estate etc. Below are some questions that people have  in relation to to ante-nuptial contracts.

The Pre-nuptial agreement is executed, or signed before a Notary Public who then registers the document at the office of the Registrar of Deeds. In this way, the information in the Ante-Nuptial Contract becomes public.

How many years is a prenuptial agreement good for?

For the entire duration of the marriage.

What is a prenuptial agreement in marriage?

It is an agreement a couple enters into before the marriage.

How long should you wait to get married after signing a prenup?

You can get married the next day.

Can you get a prenup after you get married?

No. You should then enter into a postnuptial contract. You need to consent of the high court for that.

Can a prenuptial agreement be overturned?

Yes, if it was fraudulently done.

How much does it cost to get a prenuptial agreement?

Different places have different costs.

Can a will override a prenup?

No it cannot.

What good is a prenup?

One that is well written with no ambiguity.

What are ante-nuptials?

Agreements before the marriage.

Can you do a prenuptial agreement after marriage?

No. You should then enter into a postnuptial contract. You need to consent of the high court for that.

Can a prenuptial agreement be voided?

Yes it can, if there was fraud involved.

How long does it take to draw up a prenuptial agreement?

A good lawyer should take less than an hour for a basic one. A complicated one could take much longer.

Can you get a prenup for future assets?

Yes you can.

Can a prenup protect future inheritance?

Yes it can.

Is my husband entitled to half my inheritance?

It depends what the will of the person says.

How much money can you inherit before you have to pay taxes?

You need to speak to an accountant for that.

Can you get a postnuptial agreement?

Yes, but you need the High Court’s Consent before you can register it.

How do you get a prenuptial agreement?

You should see a lawyer.

Are post NUPS legal in South Africa?

Yes, it is.

Are postnuptial agreements valid in Cape Town?

Yes it is. You need the High Court’s Consent.

What does a postnuptial agreement mean?

An agreement, the same and an antenuptial agreement, but entered into after the marriage.

What is a marital agreement?

 

Is marriage a covenant or a contract?
How long does it take for a divorce to be final after signing papers?
What is the meaning of Antenuptial?
Can you change your marriage contract after marriage?
What does an invalid marriage mean?
What does it mean to be married out of community of property?
What is COP marriage?
What does it mean to be married in community of property?
What is a marriage settlement?
Is a marriage a legal contract?
What does it mean to contract a marriage?
What is a settlement agreement in a divorce?
Can a marriage settlement agreement be changed?
Is a prenup a contract?
Are prenuptial agreements valid in India?
Is contract marriage legal in India?
What is prenuptial agreement in us?
How long should you wait to get married after signing a prenup?
What good is a prenup?
Can you deny a divorce?
Do you have to go to court for an uncontested divorce?
Do you have to have a lawyer to get a divorce?
How do you get a divorce if you have no money?
Can you get a divorce without a signature?
Can you reopen a divorce case?
How long do you have to respond to a divorce?
Is money received in a divorce settlement taxable?
Is a divorce agreement legally binding?
How long does it take to get a final decree of divorce?
Is a mediated agreement legally binding?
Can you settle a divorce out of court?
Can you appeal a divorce settlement?
How do you enforce a divorce decree?
How long does it take for a divorce to be final after signing papers?
Can a separation agreement be changed after divorce?
Can you have a divorce reversed?
Can you have a divorce decree amended?
How long do you have to file an appeal in a divorce case?
Can a divorce be undone?
Can I change my divorce settlement?
Can you stop a divorce once you file?
What is an appeal for divorce?
Can a divorce agreement be amended?
Can divorce papers be changed?
Can you change a mediation agreement?
How do I change my divorce decree?
Can you ask for alimony after the divorce is final?
What is an amended petition for divorce?
What happens after you file a divorce petition?
What does amend mean in court?
What does it mean when a charge is amended?
Can prosecutor change charges during a trial?
Can a judge drop all charges?
Can a judge change a verdict?
Can a judge overrule the assessors?
How can a judge be removed from office?
Can a sentence be increased on appeal?
Can a judge direct a guilty verdict?
Can a prosecutor overrule a judge’s decision?
What does notwithstanding the verdict mean?
Can you appeal against a not guilty verdict?
Can you appeal a jury verdict?

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8 thoughts on “Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts

  1. Hi
    I would just like to find out how long is an ANC contract valid for before getting married.

    Thanks

    1. Good day

      It would depend on the wording of the contract and whether it has been executed and registered or not. Please have a lawyer have a look at the ANC.

  2. When entering in any “contracts” it is wise to inform yourself on FUTURE WHAT IFS ?
    My son and spouse both South Afican, married in SA with Aninuptial, now living in UK are getting divorced. Prenups (or antinuptial ) is not taken into account.
    All marriages are automatically in community of property.
    Irrespective, it is still most advisable to take out an Aninuptial ( laws are constantly changed or reviewed) and also make sure
    you understand if you enter into either “with” or “without” accrual.
    Best wishes.

  3. My partner and I are currently living in the UK, we are both S.A. citizens and would like to get a antenuptial contract without accrual before we get married in November. We get married on 24/11/2018 in S.A. but only arrive in S.A. on 12/11/2018. Will that be enough time to get the contract in place? could we apply online now?

    1. Good day. Most things can be done before you land in SA. Then the execution can be done after you land. There would be enough time. You may proceed with the online purchase. Please read the T&C’s.

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