Nuptial Agreements

In South Africa, a civil marriage or a partnership of life is by default a marriage in community of property. To marry from the community of property, the parties must sign a marriage contract in the presence of a notary before their marriage and the contract must be registered with the Bureau within three months from the date of signature of the contract. The process of negotiating and agreeing to a marriage contract can be stressful and create tension in a relationship. Such tensions and tensions will be particularly undesirable when it comes to a pre-nup that will likely be negotiated in addition to the preparation of the wedding. The forsters Family team has made it their mission to open the conversation about marriage contracts, dispel myths, and educate couples (and their families and friends) about the benefits of such a process and the hands-on process. We hope this will make people feel more comfortable and safe when it comes to openly discussing marriage contracts. Couples will then be able to make an informed decision about whether signing an agreement is right for them and, if so, how and under what conditions. Engagement and wedding planning are joyful and moving experiences and too often any talk about a pre-nup is considered contrary to that particular period. But the way of thinking is changing as more and more couples sign marriage contracts, appreciate the security and financial transparency that such an agreement entails, and reject the idea that marriage contracts are not romantic. Nevertheless, many are concerned about addressing the issue of marriage contracts, in part due to the lack of unbiased information and often influenced by popular false beliefs. However, the 2010 Radmacher Supreme Court ruling in Granatino stated that such agreements should be “essential” unless the agreement was unfair.

Follow-up agreements are similar to marriage contracts, except that they are concluded after a couple`s marriage. [4] When divorce is imminent, inheritance agreements are called separation agreements. [5] Couples should get advice at an early stage from lawyers from the other country, who may be relevant in the future to find that the local foreign court would accept an English marriage contract. Laws differ between states and countries in what content they may be contained and the conditions and circumstances under which a marriage contract may be declared unenforceable, for example. B a contract signed under fraud, coercion or without adequate disclosure of assets. Laws passed by states that adopt UPAA/UPMAA have some differences from state to state, but this legal framework has certainly made it much easier for lawyers to prepare enforceable marriage agreements for clients by clearly stating the requirements…