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Will Your ANC Protect Trust Assets on Divorce?

Category General

A recent Supreme Court of Appeal (SCA) decision illustrates once again how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with as much detail as is needed for certainty. 

A multi-million Rand fight over trust assets

  • A divorcing couple had married and divorced three times.

 

  • They had in respect of the latest divorce been married out of community of property with the accrual system, so each was in principle entitled to 50% of all “accrual” (growth) in their estates after marriage, except as specifically excluded from accrual by their ANC.

http://mailchi.mp/8115ae49831d/bissets-legal-update?e=ca1789db80

Author: Bisset Boehmke McBlain Attorneys

Submitted 08 Jun 17 / Views 2557