Practice area 02 / 07
Marital Contracts & Cohabitation Agreements in Somerset West.
Antenuptial contracts, postnuptial changes and cohabitation agreements that protect both partners from day one.
What we handle
3 attorneys in this area- Antenuptial (prenuptial) agreements
- Postnuptial registration of property agreements
- Cohabitation agreements
Entering a permanent relationship? We’ll advise you on how to protect your rights with a strong antenuptial contract (also known as a prenuptial agreement) or cohabitation agreement.
Your matter is handled by the attorney you meet — not passed down the line. We explain each step, what it costs and how long it is likely to take, before you commit.
Common questions about marital contracts.
What is an antenuptial contract?
An antenuptial contract (ANC, often called a prenup) sets out how your estates are treated during and after your marriage. It must be signed before a notary before the wedding and registered at the Deeds Office. Without one, South African law places you in a marriage in community of property.
What is the difference between an ANC with and without accrual?
Without accrual, each spouse keeps a fully separate estate. With accrual, each spouse keeps a separate estate during the marriage, but when the marriage ends the growth in the estates is shared according to a set formula. Which one suits you depends on your assets, careers and plans.
When should we sign our antenuptial contract?
Well before the wedding. It must be signed in front of a notary before you marry, and then registered at the Deeds Office within three months of signing. Leaving it to the last week risks it not being in place in time.
Can we change our marital property system after the wedding?
Yes, but only with a High Court application. The court must be satisfied that there are sound reasons and that creditors won't be prejudiced. It is slower and costlier than signing an ANC before you marry.
Do unmarried partners have the same rights as spouses?
No. Living together does not create the property rights that marriage does, however long the relationship. A cohabitation agreement records what each partner owns, how shared costs are carried and what happens if the relationship ends.
General information only, not legal advice. Every matter turns on its own facts — speak to us about yours.