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ARTICLE · 01 NOVEMBER 2019

Antenuptial Contracts Explained

The importance of an antenuptial contract, or ANC as it is often called, cannot be overstated.

South AfricaFamily and Matrimonial

The importance of an antenuptial contract, or ANC as it is often called, cannot be overstated. It is often the most important document that one will ever sign, however it is often given little regard when planning a wedding.

MATRIMONIAL PROPERTY REGIMES

There are three matrimonial property regimes which we will focus on, namely a marriage in community of property, a marriage out of community of property without accrual and a marriage out of community of property with accrual. A marriage is dissolved by death of a party or by divorce.

MARRIAGE IN COMMUNITY OF PROPERTY

A marriage in community of property is the default matrimonial regime applicable to parties, in that should the parties fail to conclude an antenuptial contract, this system will automatically apply.

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