ANTENUPTIAL CONTRACTS

Legal Considerations

What is an Antenuptial Contract?

An antenuptial contract, commonly referred to as a prenuptial agreement or “prenup,” is a legal agreement made between two individuals before their marriage. It outlines the ownership of assets, financial responsibilities, and potential division of property in the event of divorce or death.

Purpose of Antenuptial Contracts

Antenuptial contracts allow couples to establish clear guidelines regarding their financial rights and obligations during marriage and in the event of a divorce or separation. They can help protect individual assets, business interests, and prevent potential conflicts in the future.

Key Components

Asset Division: Specifies how assets, debts, and property acquired before and during the marriage will be divided in case of divorce or separation.
Spousal Support: Outlines whether spousal support (alimony) will be provided, and if so, the terms and conditions.
Financial Responsibilities: Defines financial responsibilities during the marriage, such as joint expenses and savings plans.
Legal Protections: Ensures legal protection for each spouse’s separate property and assets.

Legal Requirements

Antenuptial contracts must meet certain legal requirements to be valid, including full disclosure of assets, voluntary consent from both parties and execution before a notary public or witnesses.

Please ensure you thoroughly read all the information provided in this form, as the details you provide here will constitute part of your marriage contract. Additionally, please note that we require your signed Power of Attorney along with the pro forma antenuptial contract to be submitted before your wedding date. You can send these documents via POSTNET/Courier or hand-deliver them to our offices.

Date of Marriage - Remember process must be completed before getting married - AND before Lobola Negotiations start
(If unsure, provide estimate)

Marital Regime Options

Spouse 1 Details

Spouse 1 : Marital Status

Spouse 1 : Personal Details

Spouse 1 : Full Name

Spouse 1 : Surname

First Name/s and Surname (as per ID document) Note that this is how your name will appear on your antenuptial contract, please make sure to fill in your name exactly as it appears on your ID document, otherwise it will be rejected by the Deed's Office

Spouse 1 : ID Number

ID NUMBER FOR SA CITIZENS AND DATES OF BIRTH FOR FOREIGN NATIONALS (ONLY IF YOU DON'T HAVE A SA ID)

Spouse 1 : Phone Number

Spouse 1 : Email

Spouse 1 : Net commencement Value

Only relevant if you choose "With Accrual" and note that you either state the value of your assets here, or you exclude them

Spouse 1 : Description of Assets Excluded

Spouse 1 : Address

Street Address

Street Address Line 2

City

Province

Postal Code

Spouse 2 Details

Spouse 2 : Marital Status

Spouse 2 : Personal Details

Spouse 2 : Full Name

Spouse 2 : Surname

Spouse 2 : ID Number

ID NUMBER FOR SA CITIZENS AND DATES OF BIRTH FOR FOREIGN NATIONALS (ONLY IF YOU DON'T HAVE A SA ID)

Spouse 2 : Phone Number

Spouse 2 : Email

Spouse 2 : Net commencement Value

Only relevant if you choose "With Accrual" and note that you either state the value of your assets here, or you exclude them

Spouse 2 : Description of Assets Excluded

Spouse 2 : Address

Street Address

Street Address Line 2

City

Province

Postal Code

Upload copies of ID's (or passport if foreign national) for both parties and a proof of residence.

Upload Copies of ID's (or passport if foreign national) for both parties and Proof of Residence

Submission Checklist

Checklist

Is your name/s and surname spelled correctly as per your ID document? Did you provide two email addresses? One for each spouse? Did you provide two email addresses? One for each spouse?