AA - 2018

Author:  Shirne Grobler – STBB
11 September 2018

WHY ANTENUPTIAL AGREEMENTS ARE IMPORTANT     

Our law determines that if you get married without having entered into an antenuptial agreement before the wedding, you are automatically married in community of property. Accordingly, the assets and liabilities of both spouses become part of their joint estate, with shared responsibilities and decision-making.

Simply agreeing to the contrary with a spouse may constitute a valid agreement between the spouses, but will not be enforceable against third parties.

If spouses want to address the risk of exposure to each other’s long term financial well-being, it is necessary to do so before the marriage, in an antenuptial agreement.

Contact us at info@stbb.co.za for assistance in drafting and registering an antenuptial agreement for you.