Get proper legal advice before you say “I do”
Most couples plan the wedding. Few plan the contract that governs their entire financial future. Understanding your marital regime is not optional. It is the foundation of everything that follows.
Prenuptial or not
J Terblanche Attorneys specialises in antenuptial contracts, drafted correctly and registered on time. Whether you choose in community of property, with accrual, or without accrual, their team explains your options clearly and protects your interests from the start.
Choosing whether to sign a prenuptial agreement is one of the most important financial decisions a couple can make before marriage. It is also one of the most misunderstood. Many people assume a prenup is only for the wealthy or for couples who do not trust each other. In reality, it is a practical tool that outlines how assets, debts, and responsibilities will be handled if the marriage ends through divorce or death.
In South Africa, the default marital regime is in community of property. This means everything you own and everything you owe automatically becomes shared. If one partner has significant debt or financial risk, the other becomes liable as well. A prenuptial agreement changes this default.
An antenuptial contract (ANC) allows couples to keep their estates separate. An ANC without accrual keeps each partner’s estate completely separate before and during the marriage. An ANC with accrual keeps what you bring into the marriage as your own and allows for a fair sharing of what you build together.
A prenup protects children from previous relationships, family inheritances, business assets, and property acquired before the marriage. It can also prevent legal battles later and ensures that both partners understand the financial structure of the marriage from the start.
Choosing not to have a prenup is a valid decision, provided both partners understand what they are agreeing to. An in-community marriage can work well when both partners have similar financial histories and similar levels of financial risk. It can become complicated when one partner carries debt, owns a business, or expects future inheritances.
The most important step is to have an honest financial conversation early. A prenup should not be seen as a sign of doubt. It is an agreement that sets out how finances will be handled in a fair and transparent way. Whether you sign one or not, the decision must be informed, mutual, and free of pressure.
The question is not whether you trust each other. The real question is whether you understand what marriage means in legal terms. Once that is clear, choosing between a prenuptial agreement and the default marital system becomes far easier.
Author's opinion
𝚃𝚑𝚒𝚜 𝚓𝚘𝚞𝚛𝚗𝚊𝚕𝚒𝚜𝚝 𝚋𝚎𝚕𝚒𝚎𝚟𝚎𝚜 𝚝𝚑𝚊𝚝 𝚒𝚏 𝚢𝚘𝚞 𝚍𝚎𝚌𝚒𝚍𝚎 𝚊𝚐𝚊𝚒𝚗𝚜𝚝 𝚊 𝚙𝚛𝚎𝚗𝚞𝚙𝚝𝚒𝚊𝚕 𝚊𝚐𝚛𝚎𝚎𝚖𝚎𝚗𝚝, 𝚢𝚘𝚞 𝚊𝚛𝚎 𝚗𝚘𝚝 𝚙𝚕𝚊𝚌𝚒𝚗𝚐 𝚝𝚛𝚞𝚜𝚝 𝚒𝚗 𝚢𝚘𝚞𝚛 𝚙𝚊𝚛𝚝𝚗𝚎𝚛. 𝚈𝚘𝚞 𝚊𝚛𝚎 𝚙𝚕𝚊𝚌𝚒𝚗𝚐 𝚝𝚛𝚞𝚜𝚝 𝚒𝚗 𝚝𝚑𝚎 𝚜𝚝𝚊𝚝𝚎. 𝙲𝚘𝚖𝚖𝚞𝚗𝚒𝚝𝚢 𝚘𝚏 𝚙𝚛𝚘𝚙𝚎𝚛𝚝𝚢 𝚏𝚞𝚗𝚌𝚝𝚒𝚘𝚗𝚜 𝚊𝚜 𝚊 𝚙𝚛𝚎𝚗𝚞𝚙𝚝𝚒𝚊𝚕 𝚊𝚐𝚛𝚎𝚎𝚖𝚎𝚗𝚝 𝚝𝚘𝚘, 𝚎𝚡𝚌𝚎𝚙𝚝 𝚝𝚑𝚎 𝚜𝚝𝚊𝚝𝚎 𝚍𝚎𝚝𝚎𝚛𝚖𝚒𝚗𝚎𝚜 𝚑𝚘𝚠 𝚎𝚟𝚎𝚛𝚢𝚝𝚑𝚒𝚗𝚐 𝚠𝚘𝚛𝚔𝚜. 𝚂𝚘 𝚙𝚎𝚛𝚑𝚊𝚙𝚜 𝚝𝚑𝚎 𝚛𝚎𝚊𝚕 𝚚𝚞𝚎𝚜𝚝𝚒𝚘𝚗 𝚒𝚜 𝚝𝚑𝚒𝚜: 𝙳𝚘 𝚢𝚘𝚞 𝚝𝚛𝚞𝚜𝚝 𝚝𝚑𝚎 𝚜𝚝𝚊𝚝𝚎?
Reach out to J Terblanche Attorneys for more information:
📞+27 13 590 177
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