Getting married in South Africa? One of the most important decisions you'll make is how your assets will be handled during your marriage and in the event of divorce or death. This is where an antenuptial contract comes in.
In this guide, we explain what an antenuptial contract is, the different types available, and how to get a copy if you need one.
An antenuptial contract (also called an ANC, prenuptial agreement, or marriage contract) is a legal agreement signed by a couple before they get married. It determines how assets and debts will be treated during the marriage and divided if the marriage ends through divorce or death.
The word "antenuptial" simply means "before marriage" – the contract must be signed before the wedding ceremony takes place.
In South Africa, if you don't sign an antenuptial contract before getting married, you are automatically married in community of property. This means:
An antenuptial contract allows you to choose a different arrangement that may be more suitable for your circumstances.
1. Out of Community of Property WITH Accrual
This is the most common type of ANC. Each spouse keeps the assets they owned before the marriage as separate property. During the marriage, any growth in wealth (the "accrual") is calculated, and when the marriage ends, the spouse with the smaller accrual can claim half the difference from the other spouse.
This system protects assets brought into the marriage while ensuring that wealth accumulated during the marriage is shared fairly.
2. Out of Community of Property WITHOUT Accrual
With this arrangement, each spouse's assets remain completely separate throughout the marriage. What you earn or acquire is yours alone. If the marriage ends, each spouse keeps only what is registered in their name.
This option is often chosen by couples where both partners have established careers or businesses, or in second marriages where each party wants to protect assets for children from a previous relationship.
For an antenuptial contract to be valid, it must be:
The contract is registered at the Deeds Office in the area where it was signed. For example, if you signed your ANC in Cape Town, it will be registered at the Cape Town Deeds Office.
If you've lost your antenuptial contract or need a copy for legal purposes, you can obtain one from the Deeds Office where it was registered.
You'll need to provide:
There are two types of copies available:
Copy for Information Purposes – An electronic copy marked "FOR INFORMATION ONLY". Suitable for personal records and general reference.
Certified Copy – A certified copy stamped under Section 70 of the Deeds Registration Act. Required for divorce proceedings and other legal matters.
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