Antenuptial Contracts
Protecting your financial future before marriage
What is an Antenuptial Contract?
An antenuptial contract (ANC) is an agreement entered into between two parties before their marriage, designed to exclude community of property from the union. Without such an agreement, South African law automatically applies community of property status.
Three Marital Property Systems
In Community of Property
The assets and liabilities of each spouse become one joint estate and spouses are jointly liable for each other's debts.
Out of Community (Without Accrual)
The spouses are financially independent of each other. They do not share in each other's profit or loss.
Out of Community (With Accrual)
The spouse whose estate grew the least is entitled to share in the accrual of the estate of the other spouse.
Key Benefits
- Protection if either spouse becomes insolvent
- No liability for debts incurred before marriage
- No liability for debts incurred by spouse during marriage
- Ability to exclude specified assets
- No requirement for spousal consent on property dealings
- Asset protection from creditors
- Individual financial identity preservation
The Process
Prospective couples consult with a Notary Public (qualified attorney) who drafts the contract. Both parties sign in the Notary's presence.
The original document is then registered at the Deeds Office within three months of the date of signature.
Pricing: The cost depends on the specific terms, structure, and complexity of the agreement. Contact us for a customised quote.
Getting Married?
Protect your financial future with a professionally drafted antenuptial contract.