Page 100 - The Circle of Life

part of the accrual and an unqualified donation made to the party cannot be

claimed back by the giver. Also all pension plans should be excluded.

The biggest thing about the antenuptial is to ensure that no further legal duty

exists on personal maintenance after divorce. As with all things in law if it is not
said it will not be implied easily. Thus you absolutely must state there that no

such duty exists. Keep in mind though this is not valid towards children for both
parents have a legal duty of support. That is something entirely different.

It is not impossible, as the years go along, that the antenuptial needs amending.

That is done by a Notary Public (attorney) and I advise you to see him on how to
do it. As with all contracts the normal rules of knowing what you agree to and no

coercion etc applies. You will need permission from the High Court to amend it
and it will cost a lot of money.

So what happens if the antenuptial agreement is not registered through your
notary but bought on the Internet and signed between you and your future

spouse? Well, in the first place it is still a valid agreement but only enforceable
between you and your spouse which defeats its purpose to protect you against

creditors (third parties). It cannot be enforced against third parties which is a
problem for you will be seen as married in community of property with all the

problems and risks associated with that ancient dispensation. It will give you
zero protection against the hounds of hell (debt collectors).

The law understands that you may have had bad advice and thus it is possible to

register it after your marriage but really, it will cost you quite a bit of money for
you will need to convince the court that you discussed it and agreed on the

terms before the marriage. Also that it is within a reasonable time after the
marriage and you need good reasons on why you failed to do so in the first

place. It is an uphill battle and not recommended.

Remember the antenuptial must be signed in front of the Notary with two

competent witnesses. He must then register it and give you the number to give

to your marriage officer at the wedding.

Marriage out of community with the Accrual System

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