In order for an antenuptial contract to be binding between parties and enforceable against 3rd parties, the contract must be entered into at any time prior to the wedding and comply with the formalities as prescribed in Section 87 of the Deeds Registries Act 47 of 1937.
The question, however, is- “Are only registered antenuptial contracts which comply with Section 87 valid?”
The simple answer is no! Whilst Section 86 of the Deeds Registry Act states that, unless the antenuptial contract is registered in terms of the Act, it shall be of no force and effect as against any party who is not a party to the agreement, the contract will remain valid and enforceable between the contracting parties. Consequently, there are no particular formalities which the contracting parties must comply with in order for the contract to be valid and enforceable between them and even a verbal contract will, if proven, be binding between the parties entering into the agreement, no matter how informal.
It is important to note however, that only a registered antenuptial contract protects spouses from liability for each other’s debt.
Should you be planning a wedding and require assistance or advice on entering into and registering an antenuptial contract contact Lara Thomas on (041) 373 0030.