Antenuptial Contracts

Choosing the right matrimonial property regime before you marry, and getting the formalities right.

In South Africa, couples who marry without an antenuptial contract are automatically married in community of property. An antenuptial contract (ANC) lets you choose a different regime and decide how your assets and debts will be treated during the marriage and if it ends.

Your options

  • In community of property: one joint estate, with assets and debts shared equally. This is the default without an ANC.
  • Out of community with accrual: separate estates during the marriage, with the growth of each estate shared when the marriage ends.
  • Out of community without accrual: completely separate estates, with no automatic sharing of growth.
  • Tailored terms: excluding specific assets from the accrual, recording starting values and other bespoke provisions.

Why it matters

Your property regime affects ownership of assets, liability for each other’s debts, the ability to enter into transactions without consent, and what happens on divorce or death. It is one of the most important financial decisions you will make as a couple.

Timing is critical

An ANC must be signed before a notary public before the wedding and registered in the Deeds Office. Changing your regime after marriage requires a court application.

Who should consider an ANC

An ANC is particularly important if you:

  • Own a business, shares or significant assets before marriage.
  • Expect an inheritance or are a beneficiary of a family trust.
  • Have children from a previous relationship.
  • Want to protect your spouse from business or professional risk.
  • Are marrying someone from another country.
  • Want certainty about what happens if the marriage ends.

How the process works

Four steps to a valid antenuptial contract.

  1. Consultation
    We explain the regimes and how each applies to your circumstances, including your assets, business interests and plans.
  2. Drafting
    We prepare the contract, including starting values for the accrual and any assets to be excluded.
  3. Signing
    Both parties sign before a notary public and two witnesses, before the wedding.
  4. Registration
    The notary registers the ANC in the Deeds Office within the prescribed period, usually within three months of signing.

If you are already married and want to change your regime, we can advise on a postnuptial contract, which requires an application to the High Court.

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What to prepare

Information for drafting your ANC.

  • Full names, ID numbers and contact details of both parties.
  • Your planned wedding date.
  • A list of significant assets and liabilities each of you owns.
  • Details of any business interests, trusts or expected inheritances.
  • Your wishes on excluding specific assets from the accrual.

Common Questions

You are married in community of property. All assets and debts, including those from before the marriage, fall into a single joint estate.
Not as an ordinary ANC. Once you are married, changing your property regime requires a postnuptial contract approved by the High Court.
The accrual system keeps your estates separate during the marriage, but when the marriage ends, the spouse whose estate has grown less shares in the growth of the other spouse’s estate.
An ANC can exclude business interests from the accrual and limit exposure to a spouse’s creditors. It should be coordinated with your shareholding and trust structures.
Yes. Your property regime determines what forms part of your estate on death, so your will should be reviewed when you marry.

PLANNING TO GET MARRIED?

We help couples choose the right property regime and prepare antenuptial contracts that reflect their circumstances and plans.

Read more: Antenuptial contracts explained · International couples and matrimonial property

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This page is general information and not legal advice.

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