Shirné Grobler obtained both her BComm (Law) and LBB degrees from the University of Stellenbosch and completed her articles at STBB. She is an admitted Attorney, Notary Public and Conveyancer and works as an Associate in STBB’s Cape Town litigation department, specializing in Family Law.

Thought of the Week | What’s The Bother With Antenuptials?

Our law determines that if you get married without having entered into an antenuptial agreement before the wedding, you are automatically married in community of property. Accordingly, the assets and liabilities of both spouses become their joint estate, with shared responsibility and decision-making. Simply agreeing to the contrary with a spouse may constitute a valid agreement between the spouses, but will not be enforceable against third parties. Therefore, if spouses are concerned about the risks of exposure to each other’s long term financial well-being, it is necessary to address this upfront, before the marriage, in an antenuptial agreement which must be registered in a deeds office.

In certain circumstances a marriage regime can be changed and an antenuptial agreement can be entered into after the marriage, but this involves a more complex process and a court application.

Contact STBB should you require any assistance in this regard.