Anti-nuptial contracts

So you're getting married. Congratulations! You've (correctly) been advised to enter into an anti-nuptial contract, probably under the accrual system. Remember anti-nuptial means before the nuptials not after, so you must get this done before the wedding.

In the contract, you are each required to disclosed the amount of wealth that you are starting off with. What if you don't want all and sundry to see that figure?

Then I suggest that the one with the lower figure discloses their assets as zero and the one with the higher figure discloses their assets as the difference between the two. So if A has R5m and B has R3m, then A should disclose R2m and B should disclose zero. The effect is exactly the same, but at least you didn't put the full amount of your wealth in the public domain.

Want an example?

A starts with R5m and at the day of reckoning (divorce, death or bankruptcy) has R9m, so the growth is R4m

B starts with R3m and at the day of reckoning has R5m so the growth is R2m

Total growth or R6m is divided by 2 and added to each starting point wirth the result A = R5m + R3m = R8m and B = R3m + R3m = R6m

If, on the other hand, they declared A having R2m and B having R0m in their ANC then

A starts with R2m and at the day of reckoning (divorce, death or bankruptcy) has R9m, so the growth is R7m

B starts with R0m and at the day of reckoning has R5m so the growth is R5m

Total growth or R12m is divided by 2 and added to each starting point wirth the result A = R2m + R6m = R8m and B = R0m + R6m = R6m

If you are already married under community of property, read our other post on how to change to ANC.

Should you wish to make an appointment, please feel free to visit Derek's diary and book a time that suits you.

 


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