Antenuptial Contracts Online

Explore your matrimonial property regime options before getting married. You must choose one before getting married. Your choice will have financial and legal consequences. You are therefore urged to carefully consider your options. If you still have questions message us or book a free 20 min consultation with our attorney. Get Started - Explore your options.

WITHOUT ACCRUAL

Without Accrual - Marriage Out of Community of Property without implementation of the accrual system. Without Accrual the parties specifically declare that the Accrual system as set out in the Matrimonial Property Act will not be applicable to their marriage and will specifically be excluded. Each spouse retains his/her own assets and own accrual – no sharing unless Antenuptial contract compels donations or court orders transfer of assets. In the case of death or divorce, a spouse is entitled only to those assets accrued in his/her name. Read More

WITH ACCRUAL

With Accrual - Marriage out of community of property with the implementation of the accrual system. The underlying philosophy in respect of the accrual system is that each party is entitled to take out the asset value that he or she brought into the marriage, and then share what they have built up together. It is however possible to draft the Antenuptial Contract in such a way that the parties share both their pre-marital and post-marital assets on a 50/50 basis, just as if they were married in community of property, but without incurring liability for each other’s debt. Best suited for younger couples. Read More

IN COMMUNITY OF PROPERTY

Marriage in Community of Property. The most prejudicial consequence of marrying in community of property, is that assets in the joint estate will always be vulnerable to the claims of creditors of both spouses. This marital regime is definitely not recommended for spouses running their own independent businesses as premarital and post-marital liabilities will become communal, thereby endangering the good standing of not just one, but both spouses. Read More

WITH ACCRUAL

With Accrual - Marriage out of community of property with the implementation of the accrual system. The underlying philosophy in respect of the accrual system is that each party is entitled to take out the asset value that he or she brought into the marriage, and then share what they have built up together. It is however possible to draft the Antenuptial Contract in such a way that the parties share both their pre-marital and post-marital assets on a 50/50 basis, just as if they were married in community of property, but without incurring liability for each other’s debt. Best suited for younger couples. Read More

WITHOUT ACCRUAL

Without Accrual - Marriage Out of Community of Property without implementation of the accrual system. Without Accrual the parties specifically declare that the Accrual system as set out in the Matrimonial Property Act will not be applicable to their marriage and will specifically be excluded. Each spouse retains his/her own assets and own accrual – no sharing unless Antenuptial contract compels donations or court orders transfer of assets. In the case of death or divorce, a spouse is entitled only to those assets accrued in his/her name. Read More

IN COMMUNITY OF PROPERTY - Copy

Marriage in Community of Property. The most prejudicial consequence of marrying in community of property, is that assets in the joint estate will always be vulnerable to the claims of creditors of both spouses. This marital regime is definitely not recommended for spouses running their own independent businesses as premarital and post-marital liabilities will become communal, thereby endangering the good standing of not just one, but both spouses. Read More

If convinced - Apply Online - R1950 - We have already assisted thousands of couples with the registration of their marriage contracts.

Getting Married? Reasons to register an antenuptial contract. R1950 All-Inc image

Marrying "In Community of Property" is the default in South Africa, but it is also the riskiest. By registering an Antenuptial Contract (ANC) with Louwrens Koen Attorneys, you choose a marriage Out of Community of Property—securing your financial independence and protecting your assets.

The Strategic Benefits of an ANC:

Debt Protection: You are never liable for your spouse’s debts—whether incurred before or during the marriage.
Business Security: If you own a business, an ANC creates a legal wall that prevents business creditors from seizing your spouse’s home or savings.
Insolvency Safeguard: Your personal assets remain 100% safe if your spouse faces sequestration or financial failure.
Financial Freedom: You can enter into commercial transactions, buy property, or sign contracts without needing your spouse’s written consent.
Asset Exclusions: Keep pre-marital assets, future inheritances, or family trusts entirely separate from the marital estate.

Fixed Fee: R1950 All-Inclusive
Our fee is transparent and covers the entire professional process:

Drafting (24-48 hour turnaround).
Notarial Execution (Signing before a Notary Public).
Deeds Office Registration (Physical lodgment at the Pretoria Deeds Office).
Marriage Officer Certificate (Issued immediately upon signing).

Next Steps

The prohibition against donations between spouses was repealed by the Matrimonial Property Act. Donations between spouses do not form part of the accrual, unless the parties agree otherwise in the contract Donations set out in the antenuptial can serve as proof on the insolvency of one of the spouses that the property in question belongs to the other solvent spouse.

This is of particular advantage to the spouses when the goods in question are attempted to be attached. Where the accrual systems is excluded in terms of the contract, the “breadwinner” spouse can out of consideration of fairness and to acknowledge the other spouse's contribution to the marriage, make donations in favor of that spouse. No donation tax is payable in respect of the value of property which is donated to the spouse of the donor under a duly registered antenuptial/postnuptial contract.

No estate duty is payable on the value of property donated to or for the benefit of the spouse of the donor under a duly registered antenuptial/postnuptial contract.

Clauses that are regarded as contra bonis mores and which may not be included in the antenuptial contract

The parties are free to include any provision in the antenuptial contract, as long as it is not against nature, reason, morality, public policy or prohibited by law. Clauses of this nature will be null and void.

Clauses that are regarded as contra bonis mores and which may not be included in the antenuptial contract:

1. An undertaking by a spouse to change religion.
2. A clause stating that marital disputes must be referred to arbitration.
3. A clause recreating the husband’s marital power.
4. A clause stating that the parties will not live together as man and wife after the marriage.
5. A clause permitting the parties to commit adultery.
6. A clause where one of the parties undertakes to resign after marriage.

Herewith are some common clauses that may be entered into an antenuptial contract.

Exclude Community of Property
Profit and Loss
Include or exclude the Accrual system
Changing Percentage of Accrual
Donations between Spouses
Insurance policies
Exclusion of particular assets
Mutual will (Pactum Successorium)
Creation of a Trust

Discussing the necessity of an antenuptial contract may be a difficult discussion to have with your intended spouse. Because your choice will have significant legal and financial implications it is essential for the parties to explore their options before getting married.

Getting Married? - Handy Hints to get the DIFFICULT TOPIC OF AN ANTENUPTIAL Contract going image

Writer's firm promotes their antenuptial contract services at various marriage expos every year. I have gained vast experience as to the mindset of these thousands of couples. It is clear from the expressions of many that they have not taken the time to discuss this vital subject.

It is also evident that there are misconceptions and antagonism about and against antenuptial contracts. As one lady eloquently stated, "We love each other! We don't need it". It was, however, very telling when this young lady's mother came back later to collect a brochure.

It is also saddening for the writer when he consults with couples married in community of property to see the devastation caused when they lose everything due to not taking the time to plan and mitigate their risks.

We understand that to the bride and groom, marriage is a loving contract between two people, as it should be, who want to spend the rest of their lives together. In the eyes of the Law and corporate business, marriage is also a contract between two people not about love, the matrimonial property regime they choose before getting married regulates a variety of economic rights, freedom to trade, exposure and obligations.

Should you thus not elect yourself, the Law will decide on your behalf. If you care about your spouse, you, therefore, owe it to yourself and your spouse to take the time to explore your options. Agreeing beforehand on these matters will put your marriage on a sounder footing.

It's hard to talk about marriage as if it were "business," but when it comes to creating a prenuptial agreement, that's precisely the approach you should take. A prenuptial agreement isn't a plan to leave or evidence of a lack of faith in the relationship. It merely is legal protection against the future risk you may be exposed to.

Start the conversation well before getting married
Don't wait until a week before your wedding to discuss a prenuptial agreement with your intended. Explore the topic early in a relationship, if possible, before you become engaged.

Don't assume you are on the same page with your intended spouse.
People have all kinds of notions about antenuptial contracts from their own experiences and subjective view. Don't assume that you and your spouse-to-be are on the same page with this topic; ask.

Use your head. Not your heart.

It's tough to talk about your loving, committed relationship as if it were a business arrangement. If you and your intended can agree to be logical (rather than emotional) about preparing an antenuptial contract, you'll find it much more manageable.

Always consult your Attorney.
If your spouse-to-be is hesitant, suggest that they consult a legal professional to explore the benefits. You may find iso consult with a legal professional to understand the different k might be covered in an antenuptial contract. The more informed you are, the easier it will be to explain things to your intended.

Whatever your decision may be. Please take the time to consider your options. Also, could you consider changing or amending your will and estate planning when getting married?

Louwrens Koen Attorneys have assisted thousands of couples with choosing the appropriate antenuptial contract. Please do not hesitate to contact us.
Louwrens Koen - Practicing Attorney, Conveyancer and Notary Public.
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Clauses that may not be included in the antenuptial contract image

Clauses which are not allowed to be included in an antenuptial contract due to being in contravention of moral standards include:
1. An agreement that one spouse will adopt or convert to the religion/faith of the other.
2. An agreement that marital disputes will be referred to arbitration.
3. A clause that re-establishes or maintains the husband’s marital power.
4. A clause that states the parties will not live together after marriage.
5. A clause that permits either party to commit adultery.
6. A clause that requires the wife to stop working and become a housewife from the birth of their first child.
7. A clause that prevents either spouse from binding the other for household expenses.
8. A clause that denies either spouse the right to ask for a share of the other’s estate in the event of divorce.

Amendments of antenuptial contracts prior and after the date marriage

Prior to the date of marriage, the parties are allowed to modify or even revoke the antenuptial agreement. To make the changes effective, a notarial deed needs to be executed and registered in the deeds registry. After the contract has been fully registered and the marriage has been confirmed, it cannot be altered inter partes.

However, if both of parties provide valid reasons, the High Court can grant an order to amend or rectify the contract to reflect the true intentions of the parties. All other parties must also agree to the rectification. This will come at a cost. Article 4(1)(b) of the Deeds Registries Act also allows for an amendment to fix errors in the antenuptial contract. For example, an error in the name of a party, date of birth, identification number, property description, and life insurance policy can be rectified in this manner.

Amendment to rectify an error
An amendment to rectify an error in the antenuptial contract can be done by means of an application to the registrar of deeds in terms of Article 4(1)(b) of the Deeds Registries act
Examples of errors that can be rectified in this manner are:

An error in the name of a party;
An error in the date of birth of a party;
An error in the identity number of a party;
An error in the property description in a donation clause; and
An error in the number of the life insurance policy to be ceded.

The conditions of the antenuptial contract cannot be amended by deleting or adding any other conditions to the contract.

Certain consequences of a marriage cannot be avoided, even by including a diverse clause in the antenuptial contract, for example:
• The obligation to have a joint household and to live together as man and wife.
• The obligation to treat each other with decency, fairness and respect.
• The obligation to allow each other the privileges of marriage.
• The obligation to be loyal and committed to each other.
• That both parties will attain and retain full legal capacity (in the case that one of or both parties are minors).

wHAT ARE THE DEFINITION AND PURPOSE OF AN ANTENUPTIAL CONTRACT? image

Definition and purpose of an Antenuptial Contract - An antenuptial contract arranges the matrimonial property system of spouses. It is concluded between two unmarried persons who are legally competent to enter into a marriage with each other. The contract must be followed by a marriage to have any force and effect whatsoever.
The purpose of an antenuptial contract is to exclude the community of property and profit and loss as well as to include or exclude the accrual system from the marriage.

An antenuptial contract must be executed in the presence of practising and admitted notary, who must not have a personal interest in the contract. The notary must affix his seal of office or embossing seal on the contract's last page, and the inner pages must be initialled. It is general practice to refer to the notary’s protocol number in the antenuptial contract.

The two intended spouses must sign the contract before two competent witnesses of at least 14 years of age who can give evidence in court. The place of execution must be stated in the contract, and if the parties sign on different dates, the latest date will be regarded as the date of the contract. If a third person is included in the contract, they must also sign it. Antenuptial contracts executed in South Africa must be registered in the office of the Registrar of Deeds within three months of the date of execution or within such an extended period as the court may allow if the application is made. Contracts executed outside South Africa must be attested by a notary and legalised and registered in a deed's registry within six months of the date of execution.

If a contract is not registered within the stipulated time, it will have no force or effect against third parties but will be valid between them. Registration of an antenuptial contract in any of the offices of the Registrar of Deeds is effective throughout South Africa.

The parties must have the appropriate capacity to enter into a valid marriage. For marriages under the Marriage Act 1961, minors between the age of puberty and the age of majority must have the consent of both parents or a guardian. If the minor has only one parent living, only that parent's consent is required. Where the minor has a guardian, the guardian's consent is needed. If the minor has no parent or guardian, permission must be obtained from the Commissioner of Child Welfare. Additional consent is required from the Minister of Home Affairs if the male minor is under the age of 18 and the female is under the age of 15. For marriages and civil partnerships under the Civil Union Act, the age of consent is 18.

In terms of common law, insane persons cannot enter into a valid marriage. This is due to their lack of understanding of the nature of the juristic act and the obligations that marriage creates. Where a person marries whilst they are already validly married to someone else, the second marriage will be bigamous and therefore void. Bigamy is a criminal offence. Both parties must have the intention to conclude a marriage as understood by the law.

This is evidenced by their declarations to the marriage officer during the marriage ceremony. Consensus will be excluded by a material mistake as to the spouse's identity or the nature of the juristic act, duress or undue influence, or prenuptial stuprum. The law also prohibits marriage between certain blood relations (relationship of consanguinity) and certain persons related through marriage (relationship of affinity). Marriages within these prohibited degrees of relationship are not valid and are in fact, void.

The formal requirements for entering a valid marriage are contained in the Marriage Act (25 of 1961) and the Civil Union Act (17 of 2006). A duly appointed marriage officer must solemnise the marriage, each party must produce an identity document or an affidavit in the prescribed form, and a minor must produce written consent of their parent(s) or guardian. The marriage officer must solemnise the marriage according to the prescribed formula in the presence of the two parties to the marriage and in the presence of two witnesses. All marriages must be registered. If the prescribed formalities are not complied with, the marriage is void marriage.

Succession clauses in antenuptial contracts explained.

Succession Clauses in an Antenuptial Contract
In most instances, agreements concerning inheritance are not legally enforceable. However, succession clauses in an antenuptial contract form a key exception to this general rule. These clauses allow spouses to agree that, upon the death of one party, the surviving spouse will inherit the entire estate—or a specified portion—of the first to die. Importantly, once a succession clause is included in the antenuptial contract, it cannot be revoked unilaterally in a later will. Any changes require the written consent of the spouse who stands to benefit. Below are a couple of standard examples of such clauses:

“The parties declare that on the death of either of them, the survivor shall be entitled to the whole estate of the first dying.” “The parties declare that upon the first death of them, all assets belonging to the deceased spouse shall pass to the surviving spouse.”

In addition to succession clauses, an antenuptial contract may include other testamentary provisions, such as:

Revocation of previous wills
Appointment of executors and heirs
Establishment of a mortis causa trust.

Including a Third Party in a n Antenuptial Contract
It is also possible for a third party to bequeath property to one or both spouses within an antenuptial contract. In such a case, the third party must be joined as a signatory to the contract and sign it in the presence of a notary. Once included, the third party cannot unilaterally revoke the bequest without the consent of the spouse(s) benefiting under the clause. Through these provisions, an antenuptial contract can serve not just as a tool for regulating matrimonial property regimes but also for setting out detailed testamentary instructions—ensuring clarity and legal certainty for all parties involved.

Declaring nett commencement value in a separate document not registered in the office of the Registrar of Deeds

Section 6(1) of Act 88 of 1984 provides that parties may declare the net commencement values of their respective estates within six months of the commencement of the marriage. If the parties did not state the net commencement values of their respective estates in the antenuptial contract, they may execute a statement in accordance with this section. The statement is not required to be lodged and registered at the deeds office and is instead held by the notary in their protocol. High nett-worth individuals usually do not want to declare their nett asset worth in a public document.

According to Louwrens Koen Attorneys, clauses in a marriage contract (ANC) may be deemed unenforceable if they are against public policy, against the good morals of the public, unreasonable, prohibited by law, or aim to take over the powers of the court. These clauses will be null and void.

Examples of unreasonable clauses in a marriage contract include:

Prohibiting a spouse from working
Forcing a spouse to live in a specific area
Requiring marital disputes to be resolved through arbitration
Obligating a spouse to adopt the religion of the other spouse
Stating that the spouses will not live together after the marriage
Preventing either spouse from seeking a forfeiture or share in the other's estate after a divorce.

Clauses against public policy include:

Enforcing a change in religion, gender, or race
Prohibiting association
Allowing or forcing a spouse to commit a crime.

Clause to deter infidelity: A clause in an ANC that aims to prevent infidelity by a spouse is enforceable if it seeks to preserve the marriage by discouraging extramarital affairs. For example, if a clause states that the husband will pay the wife a fixed property or cash amount if it is proven that he caused a future divorce through an extramarital affair, the court may enforce this clause.

In South Africa, the internet is flooded with websites selling "Antenuptial Agreement Templates" for R800 to R1300. They promise "financial transparency" and "asset protection."However, there is a dangerous secret these sites won't tell you: A template is not an Antenuptial Contract. In South African law, an Antenuptial Contract (ANC) is a Notarial Deed. It does not exist as a legal entity until it is signed before a Notary Public and registered in the Deeds Office. If you buy a template and sign it at home, you are In Community of Property the moment you say "I do"—and that template will be rejected by every court and bank in the country.

Your marriage is a lifelong partnership; don't start it with a "DIY" legal risk. At Louwrens Koen Attorneys, we don't just give you a template. We provide legal expertise, Notarial signing, and physical registration at the Pretoria Deeds Office. We ensure that your contract is not just a "template," but a valid registered contract

.[Click Here to Start a Registered ANC Application - R1950 All-Inclusive]

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Complete the online form as thoroughly as possible and submit. We will supply you with an pro forma antenuptial contract within 24 hours. This document can be used as a discussion document and can be changed by us to suit your needs if necessary. Once satisfied sign the contract and return to us by hand, POSTNET or Courier. We will supply detailed instructions.

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If i could give 10 stars I would. I am beyond satisfied with Louwrens Koen Attorneys. Lady at the front office is very nice and always ready to help and answer any questions. From the very beginning, this antenuptial contract process was seamless, efficient, and exactly what I needed. Everything was handled online, and I truly appreciated how user-friendly and straightforward the entire experience was. Instead of being bogged down with unnecessary admin or endless back-and-forth, it was all clear, quick, and easy exactly what you want when you’re planning something as important as a wedding. I would highly recommend using Louwrens Koen Attorneys.
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12 Years running - Thousands of couples assisted using our online application process.

Louwrens Koen Attorneys have already assisted thousands of couples with their Antenuptial Contract registration needs.

Using our efficient online application form we have assisted thousands of couples. We pride ourselves in being approachable. Do not hesitate to contact us with your questions or schedule a free consultation. Louwrens Koen Attorneys

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Louwrens Koen Attorneys have assisted thousands of couples to register an antenuptial contract. We pride ourselves in being very approachable. As this will affect your legal status and is therefore an very important matter do not hesitate to contact with any questions you might have.