Antenuptial Contract Without Accrual - Sample

Antenuptial contract without accrual Example. This Sample is for Information Purposes Only

Example Antenuptial Contracts in South Africa. Remember that an antenuptial contract needs to be notarised and and registered in the office of the Registrar of Deeds to be valid and enforceable. This must be done before the marriage date. 

Antenuptial contract without accrual Sample 
 Protocol No.

ANTENUPTIAL CONTRACT 

BE IT HEREBY MADE KNOWN 

THAT on this (day) day of (month) in the year of Our Lord Two thousand and _______________ (year) (20__ ) before me, (name of Notary), Notary Public, sworn and admitted according to law and residing and practicing in (city and province), Republic of South Africa, and in the presence of the subscribing witnesses, personally appeared


 (name of intended husband) 
Identity Number (insert number) 
Unmarried 

and 

(name of intended wife)
Identity Number (insert number) 
Unmarried 

AND the Appearers declared that whereas the said (name of intended husband) and (name of intended wife) (hereinafter called "the parties") intend to marry each other they have agreed that: 

1 There shall be no community of property and no community of profit and loss between them in respect of their marriage; 

2 The accrual system referred to in Chapter 1 of the Matrimonial Property Act No. 88 of 1984 ("the Act") shall not apply to their intended marriage; 

UPON which conditions the said Appearers declared it to be their intention to solemnise the said intended marriage and mutually promised and agreed to allow such other the full force and effect thereof under obligation of their persons and property according to law. 

SIGNED at (place) on the day, month and year first afore written in the presence of the subscribing witnesses and of me, the Notary. 


As witnesses: Signatures of witnesses) (Signature of intended husband) (Signature of intended wife) 

Before me, NOTARY PUBLIC

Important: This Sample is for Information Purposes Only

While the text above represents a standard Antenuptial Contract with Accrual, simply printing and signing this document will not protect your assets. In South Africa, a "DIY" approach to marriage contracts is legally dangerous.

The Mandatory Requirements for Legal Validity:

  1. Notarial Execution: By law, an Antenuptial Contract (ANC) must be signed in the presence of a Registered Notary Public before the marriage is solemnised.
  2. Deeds Office Registration: Once signed, the original "Protocol" must be lodged and registered at the South African Deeds Office within three months.
  3. Third-Party Validity: If your contract is not registered in the Deeds Office, it is only a "private agreement" between spouses. It will be ignored by banks, creditors, and the High Court, meaning you will be treated as being married In Community of Property (Joint Estate).