Antenuptial agreement

26 Reviews

Document overview

Marry knowing that it is for love and not money. This ante-nuptial agreement (also known as a pre-nuptial agreement allows you to plan how you will divide your current and future wealth between you and your husband, wife or partner should you decide to divorce or separate in the future. It will help you control your ownership of important assets such as your house, sentimental possessions and your business.
Compliant
Compliant with the latest law
Document propertied
Document properties
  • Length:17 pages (5000 words)
  • Available in:
    MsWordMicrosoft Word DOCXApple pagesApple PagesRTFRTF
watertight guarantee
Backed by our watertight guarantee

If the document isn’t right for your circumstances for any reason, just tell us and we’ll refund you in full immediately.

writing in plain english
Written in plain English

We avoid legal terminology unless necessary. Plain English makes our documents easy to understand, easy to edit and more likely to be accepted.

Notes
Guidance notes included

You don’t need legal knowledge to use our documents. We explain what to edit and how in the guidance notes included at the end of the document.

email
Support from our legal team

Email us with questions about editing your document. Use our Lawyer Assist service if you’d like our legal team to check your document will do as you intend.

Update
Up to date with the latest law

Our documents comply with the latest relevant law. Our lawyers regularly review how new law affects each document in our library.

About this antenuptial agreement

A prenuptial agreement sets out how assets and liabilities will be divided if you separate permanently or if your marriage ends.

Making a plan in advance should help you avoid expensive divorce settlements, help you keep items of sentimental value such as family heirlooms or property, and help you control who inherits your wealth.

Many people consider planning for break-up unromantic shortly before a wedding or civil union. However, preparing a antenuptial agreement emphasise that the reason for marriage is love and not money, and can give both people confidence about what will happen should the marriage fail.

Why use this antenuptial agreement

  • ensures the parties marry out of community of property (without accrual i.e. any increase or decrease in wealth or property of one party after marriage is not shared by the other party )
  • provides security during and after marriage to both people;
  • avoids future disputes over how assets should be split and what each person contributed;
  • helps speed up the divorce process and saves divorce costs;
  • helps ensure that items with sentimental value remain with the person to whom they matter most;
  • helps ensure that the people you choose (such as children from an earlier relationship) inherit your wealth;
  • prevents your wealth from being given away shortly before break-up;
  • helps protect business assets from being split and sold;
  • makes a separation less emotionally stressful by removing the need to negotiate over as many things.

Is an antenuptial legally binding?

This agreement has been drawn to exclude “ community of property”. A marriage in community of property means that all assets and liabilities of either spouse will automatically become part of the joint estate upon marriage. To marry out of community of property means that whatever assets are owned by the parties before or during the marriage remain the property of the individual.

Since the enactment of the Matrimonial Property Act 1984, the main purpose of the ante-nuptial agreement has been to exclude community of property So, if you don’t draw up an ante nuptial agreement in South Africa then your marriage automatically defaults to ‘in community of property.

Ante-nuptial agreements are enforceable in South Africa.  However, the agreement must be attested by the Notary and it must be registered with in three month in a deeds registry.

Sample antenuptial agreementFront cover
Click to View Sample

Recent reviews

Great Service
21 August 2022
I found the whole experience with net lawman was exceptional. I thought the forms would be too complicated for me but they were not, the whole thing was easy, straight forward. There was always someone on hand to answer any questions and they are very friendly. I would definitely recommend net lawman to others.
Nicola Chalker
Review of the United Kingdom version
Great Service
16 November 2018
I FOUND THE DOCUMENTS MOST INFORMATIVE AND WITH ALL THE POSSIBLE VARIATIONS ONE COULD WANT/ENVISAGE.

THE ADDITIONAL NOTES AND INFORMATION PROVIDED WERE LIKEWISE MOST HELPFUL, CLEAR AND INFORMATIVE.
Jeffrey Pinnick
Review of the United Kingdom version
Great Service
13 November 2018
Excellent document - well written and easy to edit with clear instructions. Wouldn't hesitate to use the site again.
Caroline Kerr
Review of the United Kingdom version
Read all 26 reviews
© 2000 - 2024 Net Lawman Limited.
All rights reserved