...antenuptial contracts and cohabitation agreements

  • Antenuptial Contracts
  • Cohabitation Agreements
An ANC (sometimes referred to as an antenup or a prenup) has to be signed before a marriage takes place for it to be legally valid. Because of this, it can often get lost in the excitement and preparation around planning a wedding. In addition, many people assume that entering into an ANC is a formulaic administrative step, which simply entails choosing in or out of community, or with or without accrual.

Using an interdisciplinary approach, we offer a more expansive service to develop your ANC, providing an opportunity to give more thought to the agreement and incorporate more value-based content. We believe that the process of discussing the ANC is as important as the outcome, and see it as an opportunity to assist couples in thinking constructively about their future together.

Our integrative process entails:
  • Completing a personal values assessment
  • A consultation in which your particular values guide the conversation around the content of your ANC
  • Finalising  the ANC and formal registration process in the Deeds Office
In addition you have the option of a further consultation in which you can discuss and clarify any of the emotional issues which may have arisen.

Our service sets us apart in that our approach focusses on your aspirations for your future relationship, without compromising legal validity.

Our experience has taught us that clients have found this practice transformative, and has brought them closer together. Many couples see it as a worthwhile investment.

Fees: From R5 500 (incl. VAT)
More and more couples are choosing to live together, either prior to or in place of marriage. Some couples may want to avoid buying into ‘the system’ and the ideological baggage that comes with it. Others may not want to make a long-term commitment.

While living together can be a suitable option, it can result in prejudice on the dissolution of the relationship, as there is very little protection for the more financially vulnerable partner. Many people mistakenly believe that the notion of a “common-law marriage”: will provide some legal protection. However, this is not the case in South African law.  As a result cohabitees fall outside the ambit of divorce law, and often the property aspects can be very complicated and much more open to dispute.

Very few people would enter into a business relationship without some kind of legal agreement. However, this same assumption is not automatically considered as essential for something as meaningful as living with an intimate partner.

At Milkwood Law we can create a platform for couples who are planning to live together (or who already live together) to discuss and decide on the terms of a Cohabitation Agreement. We believe that we can guide this discussion in a way that can build and add value to a relationship.

We provide structure where these sometimes complicated and awkward issues can be properly ventilated, and offer a process and an end-product which is informed both by psychological principles and legal integrity.

Our integrative process entails:
  • Completing a personal values assessment
  • A consultation in which your particular values guide the conversation around the content of the Cohabitation Agreement
  • Providing a legally binding Cohabitation Agreement
In addition you have the option of a further consultation in which you can discuss and clarify any of the emotional issues which may have arisen.

Feedback from couples is that a calm and safe conversation about potentially difficult subjects - like contributions to household expenses, shared finances, jointly owned assets and non-financial contributions – can consolidate a relationship.

Fees: From R5 500 (incl. VAT)