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Filter: Antenuptial contract
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?

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1536
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.

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4966
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?

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1141
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?

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1401
Article

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