Why do I need an
Dual Antenuptial Contract?
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If you don’t have one, the law says you’ll be married in Community of Property
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If your spouse dies, your assets and estate will not be frozen
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You don’t need consent from your spouse to enter into transactions
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You retain your independence and control over your property
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If your spouse incurs debt, it doesn’t ever become yours
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If you own a business, you can’t lose your business if creditors come knocking
What is an Antenuptial Contract?
In terms of South African Law, people can either marry in community of property or out of community of property. An antenuptial contract (also known as a prenup) is a contract entered into by two people before their marriage to regulate how third parties will treat them during their marriage and regulates how their finances will be divided on dissolution of the marriage.
Dual What does it all mean?
The below is a very basic interpretation of the various marital contracts. Please note that there are exceptions and conditions – contact us for a more in-depth explanation to determine which marital regime would work best for you both.
In community of property
As you enter marriage:
What’s yours is ours.
What’s mine is ours.
At dissolution of marriage:
Everything we had when we entered the marriage and everything we made (accrued) while being married, will be shared equally between the two parties upon dissolution of the marriage.
ANC with accrual
As you enter marriage:
What’s yours is yours.
What’s mine is mine.
At dissolution of marriage:
Everything you owned when you entered marriage stays yours. Everything I owned when entering marriage stays mine.
Everything we made (accrued) while being married gets split equally between the two parties upon dissolution of the marriage.
ANC without accrual:
As you enter marriage:
What’s yours is yours.
What’s mine is mine.
At dissolution of marriage:
Everything you owned when you entered marriage stays yours. Everything I owned when entering marriage stays mine.
Everything you made (accrued) while being married remains yours and everything I made (accrued) while being married remains mine, upon dissolution of the marriage.
Take the next step in your journey together
Planning a wedding can be overwhelming, but drafting your Antenuptial Contract shouldn’t be. Let O’Hagan Attorneys streamline the process, allowing you to focus on celebrating your love and preparing for your future together. Trust our expertise and begin your marriage with the peace of mind you deserve.
Get an ANC today for only R2950.
