I am so glad I found your website, it's exactly what I was looking for. My fiance and I are getting married in Cape Town next year. We are currently living and working in Canada, but are both South African citizens. After the wedding we will continue to live in Canada, but may in the future return to South Africa. What I am wanting to know is firstly, if we have an antenuptial contract drawn up by a South African lawyer, will that stand up in Canada? Should we get one in both countries, which legal system would we fall under? Secondly, in this type of arrangement would we need to get a Canadian marriage licence, or have any kind of civil service in Canada?
Thank you for your e-mail. I'm very pleased to hear that you like our website. With regard to your question about an ANC, I have spoken to our legal advisor, who has replied as follows:
'From your e-mail it sounds as though you are still domiciled in South Africa, which means that if you want to be married `out of community of property' you will need to sign a South African ANC before your marriage. I do not know anything about the marriage laws of Canada and I suggest that you contact an attorney there to find out whether the Canadian courts will give effect to a South African ANC.'
