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  • Writer's pictureThe Kaplan Team
    • Sep 17, 2018
    • 1 min read

THOUGHT OF THE WEEK Why ante-nuptial agreements are important

Updated: Apr 7, 2020

Our law determines that if you get married without having entered into an ante-nuptial agreement before the wedding, you are automatically married in community of property. Accordingly, the assets and liabilities of both spouses become part of their joint estate, with shared responsibilities and decision-making.


Simply agreeing to the contrary with a spouse may constitute a valid agreement between the spouses, but will not be enforceable against third parties.

If spouses want to address the risk of exposure to each other’s long term financial well-being, it is necessary to do so before the marriage, in an ante-nuptial agreement.


Contact us at info@kaplans.co.za for assistance in drafting and registering an ante-nuptial agreement for you.



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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.

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