When deciding on a suitable marriage regime, attorneys dealing with prenuptial agreement need to explain the legalities of the different marital regimes, comprising a marriage in community of property, out of community with the accrual and out of community without the accrual.
There is a particularly outdated way of thinking that implies looking into or signing prenuptial/prenup agreements is not having faith in a marriage. Like all other legal matters prenup contracts are simply a way to protect both parties should the future hold the unexpected, which it often does. Having the nitty gritty details sorted out from the beginning in a prenup agreement is much less complicated than trying to work out these legalities “post” marriage. Here are four reasons a prenup agreement may be the right choice for you and your betrothed.
Marriage is a major life event for any couple, and nobody enjoys the thought of their marriage ending in the future. However, the reality is that more and more marriages are ending in divorce, and those that last will inevitably end in death. No matter which of these you will end up facing, an antenuptial contract provides protection for both you and your spouse.
The Recognition of Customary Marriages Act 120 of 1998 was promulgated in South Africa in 2000. It was intended to recognize customary marriages as well as promote the equal status and capacity of spouses in customary marriages. This is an attempt to depart from the patriarchal system of customary marriage which has existed for decades.
THE RECOGNITION OF CUSTOMARY MARRIAGES ACT 120 OF 1998 – hereinafter referred to as “the Act”, came into effect on 15 November 2000. Reference to customary marriage in this article will bear reference only to marriages entered into after the commencement of the Act.
