Love & The Law. Why Every Couple Needs an Antenuptial Contract

Love & The Law - Why Every Couple Needs an Antenuptial Contract

February is the Month of Love, a time for grand gestures, heartfelt vows, and planning for a future together. But before you walk down the aisle, there’s one important conversation every couple should have: What happens to our assets once we’re married?

Many couples get so caught up in wedding preparations that they overlook one of the most critical legal decisions—choosing whether to marry in or out of community of property. While love is forever, financial security requires careful planning.

What is an Antenuptial Contract (ANC)?

An Antenuptial Contract is a legal agreement signed before marriage that determines how assets, debts, and financialresponsibilities will be managed in the marriage Without an ANC, you will automatically be married in community of property, meaning:

• All assets and debts are shared – even those incurred before marriage.
• You lose financial independence – major financial decisions require joint consent.
• You are liable for your spouse’s debts – including any incurred before marriage or without your knowledge.
• To avoid these risks, couples can opt for an ANC, which provides flexibility, protection, and peace of mind.

Types of Antenuptial Contracts in South Africa

There are two main options when drafting an ANC:

1. ANC Without Accrual

This means that each spouse’s assets remain separate during and after the marriage. If the marriage ends in divorce or death, there is no sharing of assets or debts.
Best for: Couples who want complete financial independence or own significant pre-marital assets.

2. ANC With Accrual

With this option, each spouse keeps their pre-marital assets separate, but any assets accumulated during the marriage are shared. This ensures a fair division while still offering financial protection.
Best for: Couples who want to build a future together while safeguarding their pre-marital assets.

Why You Need an ANC – It’s Not Unromantic!

Many believe that discussing an ANC is pessimistic or a sign of mistrust In reality, it is a practical and loving decision that ensures fairness and security for both partners. Here’s why:

It protects both partners from financial risk.
It encourages financial transparency from the start.
It ensures a smooth division of assets should the unexpected happen.

It allows each spouse to maintain financial independence.

Love is about trust, and part of that trust is ensuring you are both protected, no matter what life brings.

Marriage is a beautiful commitment, but it’s also a legal contract. At Duvenage Attorneys, we help couples navigate Antenuptial Contracts with expert legal advice, ensuring that your financial future is secure.

Book a consultation today and take the first step toward a financially sound marriage.