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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1589
Experience:  BCom; LLB; Masters in Law
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My husband and I signed anteneptual contract months after

Customer Question

Hi
My husband and I signed anteneptual contract months after our wedding day.
We did not sign at home affairs immediately after the wedding. We only signed after ANC was signed. Is our marriage with ANC legal?
Submitted: 2 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 2 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Unfortunately no, your ANC is not legal, and the effect is that you are in fact married IN community of property, and not OUT of community of property.

You are still married though ...

What you can do is to apply to the High Court to have a post-nuptial contract registered which will then change your marriage regime from IN community of property to OUT of community of property. It is unfortunately costly since you will need to brief an advocate to appear in court, and you will need to advertise the application in the newspapers. You will also need to give a copy of the application to anyone that you own money to. e.g. banks, Vodacom, landlord, etc.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 2 months ago.

In order for the ANC to be valid, it needs to be signed BEFORE your wedding!

If you didn't do that, then the ANC is invalid.

I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at Find a Law Firm specialising in Antenuptial Contracts

You'll need to speak to the lawyer directly about his/her charges as they vary depending on a number of factors. e.g. small firm / big firm, years of experience, etc ...