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Family Law & Estates

Antenuptial Contracts

An antenuptial contract sets out how a couple's finances will be treated during marriage and, if it ends, on divorce or death.

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Why sign an antenuptial contract?

Without one, a marriage in South Africa is automatically in community of property, meaning both spouses' assets and liabilities are combined into a single joint estate. An antenuptial contract (ANC) allows couples to marry out of community of property instead, keeping estates separate and protecting each party's individual assets and, importantly, shielding one spouse from the other's existing or future debt.

With or without accrual

Most couples choose out of community of property with the accrual system, which keeps estates separate during the marriage but allows for a fair sharing of the growth in wealth built up during the marriage if it ends. Excluding accrual entirely keeps estates completely separate, which is more commonly used where one spouse has significant pre-existing assets or a business to protect.

Timing matters

An ANC must be signed before a notary public and before the marriage takes place, then registered in the Deeds Office within the prescribed period after signature. It cannot be signed after the wedding — a couple who marries without one is automatically in community of property and can only change this later through a formal High Court application.

What we do

  • Discuss your circumstances and explain the practical difference between matrimonial property regimes
  • Draft the antenuptial contract, including any accrual exclusions or specific asset schedules
  • Arrange signature before a notary and registration at the Deeds Office
01Mediation-First MindsetLitigation only where it's genuinely the right route
02Plain-Language AdviceLegal terms explained clearly so you can decide with confidence
03Full Estate SupportFrom drafting a will to administering an estate, one firm throughout
04Personal InvolvementThe principal attorney remains involved in every family matter

Yes. It must be signed before the marriage and registered within the prescribed period thereafter.

You will automatically be married in community of property, with a single joint estate shared equally between you.

Yes, specific assets such as an inheritance or a business can be excluded from the accrual calculation in the contract.

With accrual, estates stay separate during marriage but growth in wealth is shared fairly if the marriage ends. Without accrual, estates remain completely separate throughout.

Yes, marrying out of community of property generally protects your separate estate from your spouse's creditors, subject to certain exceptions.

Yes, listing starting values or specific assets in the contract helps clarify what falls inside or outside the accrual calculation later.

Both spouses must sign before a notary public, who then attends to registration in the Deeds Office.

It must generally be registered within three months of signature to remain valid against third parties.

No, its terms are fixed at marriage. Changing the matrimonial property regime later requires a formal High Court application.

No, it is relevant to any couple who wants to keep their finances separate or protect one spouse from the other's business or credit risk, regardless of asset value.

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