PRENUPTIAL AGREEMENTS IN SOUTH AFRICA

South 20africa

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. 

Our office has worked on several U.S. – South Africa prenuptial agreements, always collaborating with local counsel in all jurisdictions as appropriate.




Disclaimer
: We are admitted to practice only in New York but work as appropriate with lawyers throughout all U.S. states and throughout the world.

Providing wise and experienced legal counsel to international families for many years

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Menu