Shirné Grobler obtained both her BComm (Law) and LLB degrees from the University of Stellenbosch. She is an admitted Attorney, Notary Public and Conveyancer and an attorney with right of appearance in the High Court of South Africa. She works in STBB’s Cape Town litigation department as a Director, specializing in Family and Divorce Law, deceased estate litigation and general litigation.

Thought of the week | Wedding Ceremony postponed due to covid-19: What happens to the signed antenuptial?

The Covid-19 pandemic and the national lockdown that was implemented in order to contain the spread of the virus has forced many couples to cancel or postpone their wedding day.

What happens to the antenuptial contract that was signed and registered before the wedding was postponed or cancelled?

The purpose of an antenuptial contract is to regulate the matrimonial property system applicable to the parties’ marriage. Therefore, an antenuptial contract will only become effective after the solemnization of the marriage. If parties decide not to marry, for whatsoever reason, the antenuptial contract will not have any force or effect, even if it is registered with the Deeds Office. If parties postponed their wedding, the antenuptial contract will only become effective after the they get married.

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