What Is an Antenuptial Contract?

An antenuptial contract is a legal agreement between two people who intend to marry. It sets out how their assets, liabilities, and estate will be managed during the marriage and in the event of divorce or death.

In South African law, the default is marriage in community of property — both spouses share a single joint estate and are jointly liable for debts. An ANC changes this default.

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Why You Need an Antenuptial Contract

Without an ANC, you will be married in community of property:

• All assets are shared — everything either spouse owns becomes part of a joint estate
• All debts are shared — if one spouse incurs debt, the other is equally liable
• Neither spouse can deal independently with major assets without consent
• Insolvency affects both — if one spouse is declared insolvent, the entire joint estate is at risk

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ANC With Accrual vs Without Accrual

With Accrual (Most Common)

Each spouse keeps their own separate estate during the marriage. At the end of the marriage (divorce or death), the growth of each estate is calculated and the spouse whose estate grew less is entitled to claim half the difference. This offers protection during the marriage while ensuring fair sharing at the end.

Without Accrual (Complete Separation)

Complete separation of estates — no sharing at all. Each spouse leaves the marriage with exactly what they own. Appropriate for couples with substantial independent assets, second marriages, or where both partners specifically agree on complete separation.

Not sure which to choose? We explain both options during consultation and help you decide which is appropriate for your circumstances.

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The ANC Process

1. Contact us — Provide both parties’ names, ID numbers, wedding date, and accrual preference.
2. We draft the contract — Sent to you for review before signing.
3. Both parties sign before the notary — Bring your original IDs. Both must be present.
4. Registration at the Deeds Office — We lodge and follow up. Must be within 3 months of signing.

We recommend starting at least 2–4 weeks before your wedding. If your wedding is less than two weeks away, contact us immediately.

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Cost and What’s Included

Our fee is all-inclusive and covers consultation, drafting, notarisation, Deeds Office lodgement, and registration fees. No hidden charges. View pricing guide →

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Documents Required

• Original South African smart card ID or valid passport (both parties)
• Foreign nationals: valid passport and work permit/visa if applicable
• Your intended wedding date
• Decision on accrual vs no accrual

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Frequently Asked Questions

How much does an antenuptial contract cost?

Our fee is all-inclusive. Contact us for a current quote. The cost is significantly less than the financial risk of being married in community of property.

When must the ANC be signed?

Before the marriage ceremony. No exceptions. If signed after the wedding, it has no legal effect.

What happens if we don’t sign an ANC?

You will automatically be married in community of property. To change this after the fact requires a High Court application for a postnuptial contract — more expensive and time-consuming.

What if one partner is overseas?

Both parties must sign before a notary public. If one partner is abroad, limited options exist — contact us to discuss your situation.

Is an ANC the same as a prenuptial agreement?

In South Africa, the correct term is “antenuptial contract.” While similar in concept to a prenup, the SA ANC is governed by the Matrimonial Property Act and must be registered at the Deeds Office.