Antenuptial contract (ANC) South Africa: costs, accrual and how it works
6 min read · General information, not legal advice
Quick answer
An antenuptial contract (ANC) is an agreement couples sign before they marry to decide how their property is shared. If you marry without one, you are automatically married in community of property. An ANC must be signed before the wedding in front of a notary and registered at the Deeds Office, so it can't be done with a template.
Your three options
In community of property: one joint estate. Debts are shared and both spouses usually need to consent to big transactions.
Out of community of property with accrual: each spouse keeps their own estate, and on divorce or death the growth (accrual) during the marriage is shared under the Matrimonial Property Act 88 of 1984.
Out of community of property without accrual: estates stay completely separate.
How to get one
Contact a notary (an attorney admitted as a notary). They draft the contract, you both sign it before the wedding, and it must be registered at the Deeds Office within 3 months of signing. Fees vary, so ask for a quote.
Living together instead?
If you're not getting married, an ANC doesn't apply. A cohabitation agreement records who owns what and what happens if you separate.
Frequently asked questions
Can I sign an antenuptial contract after the wedding?
Not in the normal way. Changing your property system after marriage needs a court application under the Matrimonial Property Act.
What happens if we marry without an ANC?
You are married in community of property, with one joint estate and shared debts.
Is an ANC template valid?
No. An ANC must be executed before a notary and registered at the Deeds Office.
Templates for this
