OPINION: Could new divorce ruling affect your prenup?
Prenuptial agreements are more common than you might think in South Africa.
The ruling states that prenuptial agreements must be reviewed in the event of a divorce, and that the courts should take into account the fairness of the agreement.
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This could mean that prenuptial agreements may no longer be considered binding in certain cases.
Prenuptial agreements are contracts drawn up between two people entering into marriage.
According to Business Tech, the agreements outline how assets and debts will be divided in the event of a divorce or death.
They can also include provisions for alimony and other matters related to the marriage.
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This new ruling could have a significant effect on the way prenuptial agreements are viewed in South Africa.
Previously, prenuptial agreements were considered binding and were not subject to review by the courts.
This ruling means that the courts can now take into account the fairness of the agreement in making its decision.
This ruling is likely to have a major impact on couples who are considering entering into a prenuptial agreement.
Couples should now be more mindful of the provisions in the agreement and make sure that both parties are aware of the rights and responsibilities of each party.
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Furthermore, couples should make sure that the agreement is fair to both parties and that the provisions are reasonable.
It is important to note that this ruling does not mean that all prenuptial agreements are now invalid.
The court will take into consideration the specifics of the case and determine whether the agreement is fair and reasonable.
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