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.
