Antenuptial Agreements in South Africa: What You Need to Know

Getting married is an important personal commitment, but it also has significant legal and financial consequences. An antenuptial contract (ANC) allows couples to decide how their assets, liabilities and financial interests will be regulated during their marriage and if the marriage ends through divorce or death.

Do you need an antenuptial agreement?

If you are entering into a civil marriage in South Africa and do not enter into an antenuptial contract, you will generally be married in community of property. This means that the spouses share a joint estate, with important consequences for both assets and debts.

An ANC allows you to marry out of community of property, either with or without the accrual system. Under the accrual system, each spouse generally retains a separate estate during the marriage, while the growth in the respective estates may be taken into account when the marriage ends.

When should an ANC be signed?

An antenuptial contract must be entered into before the marriage. It is executed before a notary public and must subsequently be registered in the Deeds Registry. The Deeds Registries Act requires an ANC executed in South Africa to be lodged for registration within two months of execution, subject to the applicable legal requirements and extensions permitted by law.

This makes it important not to leave your ANC until the last minute. Ideally, couples should consult with a notary well before their wedding date to allow sufficient time for the agreement to be prepared, signed and registered.

What is the process?

The process is straightforward:

1. Consultation
You meet with a notary to discuss your financial circumstances, assets, liabilities and the matrimonial property regime that best suits your needs.

2. Drafting
Your ANC is drafted to record the agreed terms, including whether the accrual system will apply and any specific exclusions or provisions required.

3. Signing before a notary
Both parties sign the ANC before the notary public, before the marriage takes place.

4. Registration
The ANC is lodged with the Deeds Registry for registration. The Deeds Office maintains copies of registered antenuptial contracts.

Why is an ANC important?

An antenuptial contract is not simply a wedding formality. It is an important part of financial and estate planning. It can provide clarity regarding ownership, liabilities and financial expectations during the marriage and can help protect each spouse’s financial interests.

Every couple’s circumstances are different. Your choice of matrimonial property regime should therefore be made after considering your individual financial position, business interests, existing assets, future plans and estate-planning needs.

At Palm Hollander Incorporated, we assist couples with understanding their options and putting the appropriate antenuptial agreement in place before they say “I do”.