Donations between spouses ITO ANTENUPTIAL CONTRACT


Donations between spouses

The prohibition against donations between spouses was repealed by the Matrimonial Property Act . Donations between spouses do not form part of the accrual, unless the parties agree otherwise in the contract. Donations set out in the antenuptial can serve as proof on the insolvency of one of the spouses that the property in question belongs to the other solvent spouse. This is of particular advantage to the spouses when the goods in question are attempted to be attached. Where the accrual systems is excluded in terms of the contract, the “breadwinner” spouse can out of consideration of fairness and to acknowledge the other spouse’s contribution to the marriage, make donations in favor of that  spouse. 

 Donation of wedding gifts 

 A wedding gift is the property of that spouse to whom it was given. If it can not be established to whom the gift was given, the wedding gift will be the joint property of both the spouses. One of the spouses can however stipulate in the contract that he/she donates all wedding gifts received to the other spouse. 

Example  "In consideration of the intended marriage the husband hereby donates and undertakes to give to and in favor of the wife as her exclusive property all wedding gifts received by the parties or either of them in contemplation of their wedding.

Donation of immovable property

A donation of an existing property or an undertaking to so acquire and donate a property to serve as the common home should be worded to make provision for the future needs and financial standing of the parties. The parties can also stipulate that the property must pass to their children on the death of the donee spouse.