Prenuptial contracts and postnuptial contracts

We believe in the power of preparation and clear communication, especially when it comes to protecting your assets and financial future. In terms of marriage, there are three different matrimonial property regimes in South Africa.

 

Every couple’s situation is unique, and so should be their marital agreements. We take the time to understand your specific needs and concerns, and tailor the agreements to reflect your individual circumstances and goals.

​

Marriage in community of property:

This regime means all assets and liabilities of both spouses become part of a joint estate.

 

Marriage out of community of property, with the application of the accrual system:

This regime allows parties to keep separate estates while sharing the growth of their assets during the marriage.

 

Marriage out of community of property with the exclusion of the accrual system:

This regime allows spouses to keep separate estates without sharing the growth of their assets during the marriage.

 

Our expert team therefore provides general advice on matrimonial law, assistance with drafting of prenuptial agreements, as well as assistance in terms of applications for postnuptial agreements.

 

Prenuptial Agreements

 

A prenuptial agreement is a legal contract entered into before marriage. This agreement can outline the property and financial rights of each spouse in the event of a divorce. Our team can help you draft a comprehensive and enforceable prenuptial agreement that protects your interests.

 

Postnuptial Agreements

 

A postnuptial agreement is similar to a prenuptial agreement but is entered into after a couple gets married. Whether it’s due to a change in financial status or simply a desire for added security.