Prenups in SA could be impacted by new divorce ruling

“People who are currently married with a prenup and in possession of a separate inter partes agreement other than their prenup, now have the peace of mind that this type of agreement between spouses is enforceable.  Of course, it must conform to the normal regulations and provisions of a legally enforceable contract.” – Pieter Steenkamp, SVN Attorney’s Inc.

BusinessTech Sunday reported that the Supreme Court of Appeal (SCA) said separate agreements from an antenuptial contract – or prenup – are valid and enforceable.

Fast fact: A prenuptial agreement is made prior to the wedding and regulates the division of property between the couple. An Inter Partes Agreement is an agreement exclusively between two parties.

Wright Rose-Innes (WRI) has examined an SCA case to show that the two agreements can align, as there recently was confusion regarding the validity of separate agreements signed by the parties in a marriage that already agreed to a prenup.

The case in question involved a married couple – Mr and Mrs B – who had signed a prenup before marriage which stated that the marriage was to be out of the community of property with the exclusion of the accrual system.

The couple also signed a separate agreement which stated that Mr. B would provide additional support if a divorce occurred – including monthly lifelong maintenance, paying additional costs and donating certain assets.

According to Wright Rose-Innes, the couple ultimately separated, and a dispute between the parties went to court when Mrs B wished to enforce the separate agreement.

Read the full article.

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