Clauses that may not be entered in a antenuptial contract


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

The parties are free to include any provision in the antenuptial contract, as long as it is not against nature, reason, morality, public policy or prohibited by law. Clauses of this nature will be null and void.  

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

1.            An undertaking by a spouse to change religion.
2. A clause stating that marital disputes must be referred to arbitration.
3. A clause recreating the husband’s marital power.
4. A clause stating that the parties will not live together as man and wife after the marriage.
5. A clause permitting the parties to commit adultery.
6. A clause where one of the parties undertake to resign after marriage. 


Herewith some common clauses entered. 

  • Exclude Community of Property
  • Profit and Loss
  • Include or exclude the Accrual system
  • Changing Percentage of Accrual
  • Donations between Spouses
  • Insurance policies
  • Exclusion of particular assets
  • Mutual will (Pactum Successorium)
  • Creation of a Trust