An unmarried couple who resides together can enter into a Cohabitation Agreement either verbally or in writing to ensure that their rights and obligations get protected during the relationship and if it ends.
A postnuptial contract is an agreement married couples can enter after marriage that will regulate their future matrimonial property system.
An antenuptial contract must support your marriage if you wish to include the accrual system. The accrual system sets out the financial consequences of your union in terms of the possession of assets, how assets will get split in the event of dissolution, and ownership and control of property.
The process for divorce in customary marriages follows the same procedure as in civil unions and marriages, including drafting a divorce summons, having the court issue it, getting a sheriff to deliver it to your spouse, and going before a Magistrate of the Court to prove an irretrievable breakdown within the marriage.
Antenuptial contracts can benefit spouses by removing the fear of financial loss in divorce and protecting them from their partner’s past and future debt.