Can a spouse waive his/her future maintenance claim in an ANC?

September 13, 2018

The attached judgement by Judge Weinhove in the case of WvH 4 All SA 260 (WCC) makes for good reading for a number of reasons. For starters, I hope it will persuade readers of the benefits of getting good advice BEFORE signing on the dotted line…

When negotiating the terms of an Antenuptial Contract, I encourage my clients to flush out all the difficult conversations around money that they would prefer to avoid – because I really do believe that it’s best for everyone if the parties embark on the partnership that is married life with as few areas of ambiguity as possible. Usually, when I start pressing clients for details on how they envisage the financial aspects of their marriage playing out, we establish a whole host of areas that warrant further discussion, clarification and negotiation between the parties:  With younger couples, perhaps marrying for the first time, it’s often simply a case of the parties not having fully taken on board the fact that marriage is, at least in part, a financial partnership – as well as an emotional and romantic one.  With older couples, or parties who have been married before, it may be that one or both of them still bear the scars of an expensive and acrimonious divorce which they want to avoid repeating at all costs.

Whatever the parties particular issues may be – avoiding them is never the best solution. Read the attached case and find out why.

Of particular significance is the Court’s finding that the maintenance waiver included in the parties’ ANC was void and unenforceable.

Access the judgement here.