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THOUGHT OF THE WEEK Wedding ceremony postponed due to Covid-19: What happens to the Antenuptial?

The Covid-19 pandemic and the national lockdown that was implemented in order to contain the spread of the virus has forced many couples to cancel or postpone their wedding day.

What happens to the antenuptial contract that was signed and registered before the wedding was postponed or cancelled?

The purpose of an antenuptial contract is to regulate the matrimonial property system applicable to the parties’ marriage. Therefore, an antenuptial contract will only become effective after the solemnization of the marriage. If parties decide not to marry, for whatsoever reason, the antenuptial contract will not have any force or effect, even if it is registered with the Deeds Office. If parties postponed their wedding, the antenuptial contract will only become effective after they get married.

For more information, contact us on 041 363 6044 or email us at info@kaplans.co.za.


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DISCLAIMER:

This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.