It is a contract signed before a marriage is solemnized (formally entered into), but can be concluded
after marriage, at a substantial cost. For the purposes of this summary we will focus solely on
contracts entered into before marriage.
If you own a million rand house before you are married, that house becomes the property of the joint
estate once you are married – it belongs to both of you. Similarly, if you owe a million rand on the
house, you are both liable for that debt once you are married.
This is the default setting – a marriage in community of property. However, signing an antenuptial
contract gives you the option of keeping your estates separate, whilst enjoying the fruits of
marriage. Thus that one million rand debt can be managed in such a way that, legally, it does not
affect the whole household. The antenuptial contract allows you and your spouse to plan your future
knowing that you are insulated should, either of you, for example, lose your job, not succeed in
business or run into any other financial difficulty.