For many couples planning a wedding, signing a marriage contract is far from romantic and probably not something they want to think about. However, it is an important topic to discuss with your spouse, knowing that problems in marriage may arise in the years to come. A couple can`t sign antenuptial… Read As leading South African family lawyers, we see every day the practical consequence of the decisions of the matrimonial regime of the property. Our experience can help you make the best choice and ensure that your prenup or cohabitation agreement meets your requirements. 4.6 that the above clauses (4.2 and 4.3) apply independently of conduct, agreement, undertaking or conduct purporting to transfer the rights or obligations of one contracting party to the other party, unless they are formalized in accordance with paragraph 14 of this marriage contract. 1.5 The illegality or inapplicability of a clause (or part of it) means that this clause (or part of it) is only nullified and not the whole of that conjugal agreement. 1.4 This conjugal agreement can be carried out in both English and other languages. In the event of a conflict between the agreement in its various translations, the English version is given priority. The delimitation system was introduced into the South African legal system by the Matrimonial Property Act 88 of 1984.
Many potential couples are nervous when it comes to reaching such an agreement, but the enhanced system is a powerful financial planning tool. Sometimes a change in circumstances can lead a married couple to modify or even terminate their antenuptial agreement (z.B. Couples who decide to have children may want to change their marital agreement). A prenup can be modified or cancelled as long as both parties agree with the change – agreement and signature … Read more 11.5 The parties expressly waive their right to challenge this conjugal agreement on the basis of a lack of autonomy, coercion, inappropriate influence, lack of will or understanding. If you are interested in signing a marriage contract, you may fear that your partner will insult the idea. A prenup is generally not considered romantic, and some even fear that it may end a relationship. While there is a difficult conversation with your future spouse, there are ways to discuss a prenup… Read more 13. DURATION This marriage contract begins from the day of its execution and comes into force for an indefinite period, unless it is nullified by the explicit written agreement of both parties in accordance with paragraph 14 above. Since the adoption of the Marriage Property Act in 1984, the main purpose of the pre-marriage agreement is to exclude the property community, if you do not develop an ante-nuptial agreement in South Africa, your marriage is automatically “in the condominium.
11.1 The contracting parties guarantee that they have read and understood any clause in this marriage agreement. 9. MODIFICATION OF THE CIRCUMSTANCES AND RELATIVE PARTIES RECOGNIZE that their respective assets may increase, decrease or remain at the same level during the marriage and expressly and irrevocably state that any change in the financial situation of any of the contracting parties will affect this marriage agreement. 8) FILING OF TAX RETURNS The contracting parties recognize that they may choose to be assessed as a couple for income tax or income tax purposes and/or to file a joint tax return, and nothing in this marriage agreement prevents the contracting parties. The presentation of a common tax return or joint taxation between the contracting parties does not affect the separation of assets and obligations under clauses 5.6 and 7 or any other provision of that agreement.