18 Mar

As a South African attorney who cares deeply about the well-being of couples getting married, I have noticed a recurring pattern at the various marriage expos we attend every year. Many couples seem unaware of the importance of discussing and understanding the legal implications of marriage, especially when it comes to antenuptial contracts. It is also clear that there are many misconceptions and negative attitudes towards antenuptial contracts. The most common misconceptions we hear are:

  • "Antenuptial Contracts are only for the rich"
  • "We do not own much"
  • "We can always do it later"
  • "Our parents didn't do it"
  • "Antenuptial agreements are unfair"
  • "Antenuptial agreements are too personal"
  • "Antenuptial agreements are unromantic"
  • "We will never divorce"
  • "If we divorce, I am sure it will be amicable"
  • "We love each other. We do not need it"

We understand that marriage is a sacred bond between two people who love each other and want to spend the rest of their lives together. However, it is also a legal contract that comes with various economic rights, obligations, and potential risks. If you do not elect to enter into an antenuptial contract, the law will decide on your behalf, which may not align with your wishes and values.

By taking the time to explore your options and agreeing beforehand on the terms of your marriage contract, you can put your marriage on a more sound footing. This is a responsible and caring act towards your spouse, as it ensures that both parties are protected and their interests are considered. 

In conclusion, if you are getting married, I strongly advise you to seek the guidance of a reputable attorney who can provide you with the necessary information and assistance in drafting an antenuptial contract that is fair and appropriate for your specific situation. 

Remember, taking care of legal matters now can prevent potential problems and disputes in the future, and ultimately lead to a happier and more fulfilling marriage. 

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