Antenuptial Contracts: Clauses To Avoid

Most couples do a bit of homework before making the decision to conclude an antenuptial contract. In fact, I, as a rule of thumb, ask whether they have during a consultation.

The above exercise has indicated that couples often find themselves lost in potential clauses and protective mechanisms which may be included in an antenuptial contract but very rarely look at clauses to avoid and which may affect validity or registration.

This article aims to briefly highlight some of the potentially problematic clauses which, generally, should not be included in antenuptial contracts.

Overview

Couples have a certain degree of freedom when concluding antenuptial contracts. In saying that, however, clauses which are against the bone mores or rather the moral convictions of society should be avoided. In addition, clauses that interfere with the ordinary consequences of marriage should be avoided.