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