Prenuptial agreements in South Africa are enforceable. Upon a marriage in South Africa the spouses are automatically subjected to a system of complete community of property, including their premarital property, unless they opt out by signing an antenuptial agreement. If they sign a properly drafted and notarized agreement that simply provides for an opt-out from community property they will automatically be deemed to have selected the system of accrual. Under the accrual system whichever spouse's estate has increased less during the marriage than the other's estate will have a claim for a portion, usually one-half, of the difference between the accruals of the respective estates. If instead they expressly exclude in an antenuptial agreement both the community property and the accrual systems they are basically free to choose any other terms as long as they do not violate public policy.
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