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It is important to note that to refuse the other parent to exercise his/her parental responsibilities and rights in respect of a child may constitute an offence and liable on conviction to a fine or even imprisonment. Other persons who do not have automatic responsibilities and rights in respect of a child, but has an interest in the well being of a child, such as grandparents or extended family, may apply to the relevant Court for an order that full or specific responsibilities and rights be awarded to such person where circumstances permit. A key term used in the Children’s Act is parental responsibilities and rights. This is used as a blanket term which covers care, contact, guardianship and maintenance in respect of a minor child.

An Antenuptial Contract (ANC) is an agreement entered into by the intended spouses prior to entering into the marriage with the intention of concluding a marriage out of community of property. This has the effect that each spouse retains ownership of his/her assets in their separate estates, instead of having one joint estate. If no ANC is entered into, the parties will automatically be married in community of property. Prospective spouses have one of two types of Antenuptial Contracts to consider: 1. an ANC that excludes community of property, community of profit and loss, with the EXCLUSION of the Accrual System. 2. an ANC that excludes community of property, community of profit and loss, with the INCLUSION of the Accrual System. Neither of these 2 contracts takes preference over the other and the type of contract is chosen by the intended spouses depending on their specific needs and the dynamics of their relationship.