If you have decided to get married or enter into a Civil Union, you may contract out of the default regime of universal community of property. You may opt for a regime of deferred community or even exclude community altogether. If you are already married, you and your partner may wish to apply to court for leave to change the matrimonial property system applicable to your marriage. South African spouses should be alert to the diverse treatment of ante- and postnuptial agreements in foreign countries. Certain countries have strict contractual rules and an antenuptial contract executed in South Africa that does not conform to those rules, may be ignored in a foreign country.

The principles underlying the matrimonial property regimes are complicated and ante- and postnuptial agreements are not for the amateur attorney. Intending spouses who enter into an antenuptial contract seldom anticipate that their relationship will end in divorce. It is important to consult a Family Law attorney who will advise you on the most sensible way to provide for an equitable outcome in case of an irretrievable breakdown.

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