Are you married or are your nuptials just around the corner? Whichever category you fall into, Ante Nuptial Contracts, commonly referred to as an ANCs locally, are sure to have been quite the quintessential consideration.
In South Africa, couples planning on being wed have three options:
(1) In Community of Property (a default agreement should the couple not sign an ANC)
(2) Out of Community of Property with Accrual
(3) Out of Community of Property without Accrual
Take note- The decision by the Constitutional Court in the matter of G v MINISTER OF HOME AFFAIRS & OTHERS to be heard on 10 May 2023 will have an immense impact in divorce law in South Africa.
The Second Amicus Curiae admitted herein is the “Gauteng Attorneys Association” (GAA). The following advocates appear on behalf of the GAA:
Liezl Haupt SC (Groenkloof)
Sonika Mentz (Groenkloof)
Adrian Thompson (Circle)
Sybrandt Stadler (Groenkloof)
Their instructing attorney is Shani van Niekerk from Adams & Adams.
The matter concerns “the Constitutionality of Section 7(3) of the Divorce Act 70 of 1979 insofar as it only applies to marriages out of community of property concluded prior to 1 November 1984 and not to marriages concluded thereafter, out of community of property with exclusion of the accrual.”
This decision will have an immense impact on Divorce Law in South Africa. An information/discussion session will shortly be hosted by GK Chambers led by the Advocates involved, led by Adv Haupt SC in collaboration with the GAA.”
For more information on the upcoming session at Groenkloof Chambers, please contact us via one of the following means:
Contact number: 012 942 2100
Email: manager@gkchambers.co.za