Why You Need an Antenuptial Contract Before Getting Married

## Protecting Your Future Marriage is a joyous occasion, but it also has significant legal and financial implications. In South Africa, if you marry without an antenuptial contract (ANC), you are automatically married in community of property. This means that all assets and liabilities are shared equally between spouses. ### What Is an Antenuptial Contract? An antenuptial contract is a legal agreement entered into before marriage that determines how the couple's assets and liabilities will be managed during the marriage and in the event of divorce or death. ### Types of Marriage Regimes **1. In Community of Property (No ANC)** - All assets and debts are shared 50/50 - Neither spouse can enter into certain transactions without consent - If one spouse is insolvent, the other's assets may be at risk **2. Out of Community of Property Without Accrual** - Each spouse retains their own assets and liabilities - No sharing of estate growth during the marriage - Complete financial independence **3. Out of Community of Property With Accrual** - Each spouse retains their own assets and liabilities during the marriage - Upon dissolution, the growth of each estate during the marriage is shared - This is the most commonly recommended option ### When Must It Be Signed? The ANC must be signed and notarised **before** the wedding ceremony. It must then be registered at the Deeds Office within three months of the date of execution. ### The Cost of Not Having One Without an ANC, you are married in community of property by default. This can have severe financial consequences, particularly if one spouse runs a business, has existing debts, or accumulates debt during the marriage. ### Our Role As qualified Notary Public practitioners, we draft and register antenuptial contracts. We ensure that the contract accurately reflects your intentions and is compliant with all legal requirements.