Prenuptial and postnuptial agreements

FAQ for Prenuptial and postnuptial agreements

What is a prenuptial agreement?

A prenuptial agreement is a legal agreement entered into by two people before they get married. It sets out the terms and conditions of their marriage, including how assets and debts will be divided in the event of a divorce.

What is a postnuptial agreement?

A postnuptial agreement is a legal agreement entered into by two people after they get married. It sets out the terms and conditions of their marriage, including how assets and debts will be divided in the event of a divorce.

Are prenuptial and postnuptial agreements legally binding in South Africa?

Yes, prenuptial and postnuptial agreements are legally binding in South Africa, as long as they are entered into voluntarily, without fraud, coercion or undue influence, and are not against public policy.

What can be included in a prenuptial or postnuptial agreement?

A prenuptial or postnuptial agreement can include provisions relating to the division of assets and debts in the event of a divorce, as well as spousal maintenance, inheritance, and any other matters that the parties wish to regulate.

Do prenuptial and postnuptial agreements have to be registered with the courts?

No, prenuptial and postnuptial agreements do not have to be registered with the courts in South Africa, but it is advisable to have them drafted by a lawyer to ensure that they are legally binding and enforceable.

Can prenuptial and postnuptial agreements be changed or revoked?

Yes, prenuptial and postnuptial agreements can be changed or revoked by agreement between the parties, as long as the changes are made voluntarily, without fraud, coercion or undue influence.

Do I need a lawyer to draft a prenuptial or postnuptial agreement?

While it is not a legal requirement to have a lawyer draft a prenuptial or postnuptial agreement, it is advisable to do so to ensure that the agreement is legally binding and enforceable. A lawyer can also provide advice on the legal implications of the agreement.

Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes

1. Divorce Act 70 of 1979 ↩
2. Children's Act 38 of 2005 ↩
3. Maintenance Act 99 of 1998 ↩
4. Legal Practice Council ↩