A legal marriage might be seen for some as only a piece of paper, but it is a very
important piece of paper. When living together, you have no rights against each other.
You have no right to lay a claim to anything while living together. The South African
law does not recognize living together.
The Antenuptial Contract is an agreement between husband and wife who are legally
competent to get married.
By entering into an antenuptial contract, prospective spouses get the opportunity to
arrange the legal consequences of their intended marriage by choosing a matrimonial
system that suits their personal situation.
In South Africa, there are three different matrimonial systems that are applicable to
couples who intend to get married:
- Marriage in community of property – in this case there will be no need to enter
into an Antenuptial Contract;
- Marriage out of community of property where the parties must enter into an
antenuptial contract and by entering into such a contract, the couple can then,
- Decide whether they want to enter out of community of property with the accrual
system or without the accrual system.