Protect your assets before marriage with a professionally drafted ANC. Expert guidance on contracts with or without accrual.
Understanding why an ANC is essential for protecting your financial interests before marriage in South Africa.
An antenuptial contract (ANC), commonly referred to as a prenuptial agreement or prenup, is a legal contract entered into by two people before their marriage. In South Africa, if you marry without an ANC, you are automatically married in community of property, which means all assets and debts are shared equally between spouses. An ANC allows couples to define their own matrimonial property regime and protect individual assets.
The Notary Guy provides professional ANC drafting services, ensuring your contract is legally compliant and properly registered. Our notary will guide you through every step, from choosing the right property regime to final registration at the Deeds Office.
Each spouse retains their own estate during the marriage. However, when the marriage ends (by death or divorce), the growth in each estate during the marriage is calculated. The spouse whose estate grew less has a claim against the other for half the difference. This is the most common option in South Africa and offers a balance between independence and shared benefit.
Each spouse retains complete ownership and control of their own estate, both during and after the marriage. There is no sharing of assets or growth upon dissolution of the marriage. This option is often chosen by business owners, professionals with significant existing assets, or couples entering second marriages.
An antenuptial contract must be signed before the marriage takes place. It must be executed before a notary public and registered at the Deeds Office within three months of signing. If the contract is not registered in time, it may not be enforceable against third parties. We recommend starting the process at least four to six weeks before your wedding date to allow sufficient time for drafting, review, signing, and registration.
Contact us to discuss your antenuptial contract requirements. We offer expert guidance tailored to your situation.
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