What kind of Clauses may not be included in an Antenuptial Contract

Clauses that are regarded as contra bonis mores and which may not be included in the antenuptial contract

•             An undertaking by a spouse to adopt or convert to the religion/faith of the other Spouse.

•             A clause stating that marital disputes will be referred to arbitration.

•             A clause recreating or retaining the husband’s marital power.

•             A clause stating that the parties will not live together after their marriage.

•             A clause permitting the parties to commit adultery.

•             A clause stating that the wife shall stop working and become a    housewife on a permanent basis from the birth of their first child.

•             A clause stating that the one spouse shall not have the power to bind the other spouse for household necessaries.

 

•             A clause stating that neither spouse shall have the right to ask an order of forfeiture to share in the accrual of the other’s estate on divorce.

Written by Louwrens Koen Thursday, 02 February 2017 Posted in Antenuptial Contracts
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