Why a Notary? – Part 2
In Part 1 of this article, we looked at the roles and functions of a notary, especially their general duties. In this part, we will look at the work reserved for notaries and a notary’s role in the certification and authentication of documents. One will see the necessity and importance of using a notary. The […]
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about […]
Is It Possible to Override a Registered Antenuptial Contract with a Postnuptial Agreement?
Before the Matrimonial Property Act 88 of 1984 (MPA) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwards. The case of Honey v Honey in 1992 (93 SA 609 […]
Antenuptial contracts: With or without the accrual system?
If you don’t have an ANC, you are automatically married in community of property. This means that there is one estate between a husband and a wife. Everything is shared equally between spouses, which includes debts. However, with an antenuptial contract, the estates of each spouse remain separate. The difference comes with the addition of […]