Legal Question in International Law in New York

Siezure of Assets Overseas: For Lawyer Familiar With South African-US Law

I am an American citizen marrying a South African citizen. It is very common in South Africa to sign something called an anti-nuptial contract (this is different to the American pre-nuptial). The idea behind it is protection of each spouse should one go bankrupt so that the other spouse's assets can not be siezed. My question is: we are getting married both in South African and the United States but if I sign the anti-nuptial contract in South Africa, how will anyone in South Africa possibly know what my assets are if they are not listed? Meaning, if I did not list any assets would there be any way for companies in South Africa to find out what my assets are that are held here in the States? I am trying to familiarize myself with this concept as we do not have anything comparable here and I do not want to sign anything without knowing exactly what the implications are for my assets here in the US.


Asked on 4/30/07, 10:36 pm

1 Answer from Attorneys

Johm Smith tom's

Re: Siezure of Assets Overseas: For Lawyer Familiar With South African-US Law

You are incorrect; we do have antinuptial agreements; anti simply clarifies that the agreement is signed after the marriage ceremony rather than before it; just as Antebellum means after the war. For this reason, these agreements are often considered more secure because the parties have already passed beyond lovers' bliss and into everyday life together. You should consider marrying in the US first and then in South Africa; there is obviously no limit to how many times you can marry the same person, but you can argue that all after the first were ceremonial and that would allow you to follow US law of the state where you first married, if you execute a prenuptial or antinuptial in that state before you go to South Africa. I sincerely doubt that you want a court over there deciding this issue over your assets in the US and this approach will allow you to challenge any SA court ruling in a US court in the state of your choice and about the laws of that state. Call me if you want to retain me to advise on how to do this.

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Answered on 5/01/07, 9:10 am


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