Home /Our Insights /Home /Home
BOOK CONSULTATION SUBSCRIBE

Our Insights

Read More Insights

GO
GO
Filter: Antenuptial contract
Before “I Do”: secure your Antenuptial contract

21 May 2026,  Palesa Mothibinyane

An antenuptial contract only becomes legally effective if it is executed by a notary prior to the marriage.

READ MORE
638
Article
Customary and Civil marriages are equal, says Constitutional Court

28 April 2026,  Jonathan Le Riche

The judgment also clarifies when antenuptial contracts are valid and how marital property regimes can be changed after marriage.

READ MORE
1729
Article
Is an agreement between spouses contrary to the ANC valid?

10 January 2023

Can spouses conclude an agreement which is contrary to their antenuptial contract and which is valid and enforceable?

READ MORE
3039
Article
The huge implications new court ruling has for marriage and divorce in South Africa

17 May 2022

A new High Court judgment has far-reaching implications for parties getting divorced and married out of community of property in... South Africa. The effect will be that all parties married out of community of property without inclusion of the accrual system will be able to ask a court for an order for the redistribution of assets, if the necessary requirements are met, regardless of when the marriage was entered into.

READ MORE
6784
Blog
How valid is a marriage contract if not confirmed by court?

10 July 2020

I have been married to my husband for more than 20 years. We were both in our early twenties when... we were married according to customary rites as well as civilly out of community of property. Since then my husband has built up a few successful businesses and a few years ago we created our own post-nuptial agreement to confirm that we see ourselves as married in community of property. Unfortunately, we have fallen on troubled times and wish to get divorced. My husband says we are still married out of community of property as the agreement we signed late is invalid. Is this true?

READ MORE
2588
Article
Are shares excluded from my estate’s accrual?

16 October 2019

I’m married out of community with the accrual system. I specifically excluded my share portfolio from my accrual in the... antenuptial contract when we got married. Recently when reviewing my estate planning the question came up whether new shares that I acquired after we got married was also excluded for purposes of an accrual calculation. What is the position here?

READ MORE
3275
Article

Subscribe to our newsletters

Stay up-to-date with the latest news, laws, and events.

SUBSCRIBE NOW