An Antenuptial Contract (ANC) is signed before marriage to exclude community of property. Without an ANC, you automatically marry in community of property - sharing all assets and all debts equally. ANCs come in two forms: with accrual (each party keeps their pre-marital estate, but growth during the marriage is shared) or without accrual (complete financial separation).
ANCs must be executed before a Notary Public before the marriage is concluded and registered at the Deeds Office within 3 months. Post-nuptial ANCs are possible but require a High Court application under Section 21 of the Matrimonial Property Act.
When to hire a antenuptial contracts attorney
- You are getting married and want to protect pre-marital assets.
- You own a business or have substantial pre-marital wealth.
- You have children from a previous relationship and want inheritance protection.
- You have already married in community of property and want to switch.
- You need to register a foreign ANC in South Africa.
What to expect
The Notary discusses your goals, drafts the ANC with or without accrual (most modern ANCs include accrual), and both parties sign before the Notary. The original is lodged at the Deeds Office within 3 months of the marriage date. Post-nuptial conversions require a joint High Court application with newspaper notices and a Master's report.
Typical fees
Pre-nuptial ANC: R2,500-R7,500 including notarial, Deeds Office lodgement, and disbursements. Post-nuptial Section 21 conversion: R25,000-R60,000+ depending on asset complexity.
Verified attorneys
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