When Should an Antenuptial Contract Be Executed?

When Should an Antenuptial Contract Be Executed?

For an Antenuptial Contract to be legally binding, it must be signed by both parties and certified by a qualified notary before the marriage. Additionally, the contract must be registered at the Deeds Office within three months following the wedding. The notary’s stamp and seal are crucial for the contract’s validity. Without these, the Antenuptial Contract will be deemed invalid.

Can an Antenuptial Contract Be Executed After Marriage?

Yes, couples who did not sign an Antenuptial Contract before tying the knot still have a legal recourse. They can opt for a postnuptial agreement through a High Court application as per section 21 (1) of the Matrimonial Property Systems Act 88 of 1984.

Key Considerations for a Postnuptial Contract

When applying for a postnuptial contract, courts will examine multiple factors. Important considerations include whether there are valid reasons for the proposed alteration, whether creditors of both parties were adequately notified, and whether the court is satisfied that the registration of a postnuptial contract would not prejudice any third party.

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