If you are getting married in South Africa, one of the most important decisions you will make is choosing a marriage contract. A marriage contract — legally known as an antenuptial contract (ANC) and commonly called a prenup or prenuptial agreement — is a written agreement between two people about to get married that determines how their finances, assets and debts will be handled during and after the marriage.
If you do not sign a marriage contract before your wedding, South African law automatically classifies your marriage as in community of property. This means you and your spouse will share one joint estate — every asset, every debt, everything. If your spouse gets into financial trouble, your assets are at risk too.
A marriage contract gives you the power to choose a different — and usually far safer — arrangement.
No. These are simply different names for the same legal document:
Marriage contract — the commonly used term in everyday language.
Antenuptial contract (ANC) — the formal legal term used in South African law. "Ante" means before; "nuptial" means marriage. It is a contract entered into before the marriage.
Prenup / prenuptial agreement — the popular term, widely used internationally and increasingly in South Africa.
Regardless of what you call it, the document serves the same purpose: it excludes community of property and allows you to choose how your finances will be structured during your marriage. The contract must be signed before a Notary Public and registered at the Deeds Office before the wedding to be legally valid and enforceable against third parties.
South African law recognises three matrimonial property regimes. Your marriage contract determines which one applies to your marriage.
This is the default. If you do not sign a marriage contract before your wedding, this is what you get — automatically, by operation of law.
Everything you own and everything you owe is merged into one joint estate. All assets acquired before and during the marriage belong to both of you equally. All debts — including debts your spouse incurred before you even met — become joint debts. Neither spouse can sell property, sign suretyship or enter into credit agreements without the other's written consent. If one spouse is declared insolvent, the entire joint estate is affected.
This regime carries the most financial risk and is not recommended for couples where either spouse runs a business, has pre-existing debt, or values financial independence.
This is the most popular choice for South African couples and is generally recommended by legal professionals.
Each spouse keeps their own separate estate during the marriage. Your assets and debts remain in your name. Your spouse's creditors cannot claim against your assets. But when the marriage ends — whether by death or divorce — the growth in each spouse's estate during the marriage (called the "accrual") is calculated and shared, usually 50/50.
Think of it as a fairness formula: you keep what you brought in, and you share what you built together. This protects both spouses — particularly the one who may have earned less or stayed home to raise children — while still keeping your estates separate and safe from each other's creditors during the marriage.
The accrual system applies automatically when you sign a marriage contract, unless you specifically exclude it.
Under this option, each spouse's estate remains entirely separate — both during and after the marriage. There is no sharing of growth, no accrual calculation, and no claim against the other spouse's assets upon death or divorce (unless a court orders otherwise).
This is typically chosen by couples entering a second marriage, couples with significant pre-marital wealth, or couples where both parties have established careers and financial independence.
There are compelling reasons why virtually every couple should sign a marriage contract before getting married:
Protect yourself from your spouse's debts. Without a marriage contract, you are personally liable for every debt your spouse incurs — past, present and future. With a marriage contract, each spouse is responsible for their own debts only.
Protect your business. If you are married in community of property and your business fails, your spouse's personal assets — their home, car and savings — can be seized by your business creditors. A marriage contract creates a legal wall between your business risks and your spouse's assets.
Financial independence. With a marriage contract, you can buy, sell, borrow, invest and sign contracts without needing your spouse's written consent. In a community of property marriage, many transactions require spousal consent.
Insolvency protection. If your spouse is sequestrated, having a marriage contract and separate estates makes it significantly easier to prove which assets belong to you and to protect them from your spouse's creditors.
Fairness through the accrual system. The accrual system ensures that both spouses share in the wealth built during the marriage, while protecting each spouse's pre-marital assets and shielding them from each other's creditors.
Estate planning. A marriage contract is a powerful estate planning tool. Donations between spouses are exempt from Donations Tax. Transfers between spouses are exempt from Capital Gains Tax and transfer duty. A well-drafted marriage contract can include succession clauses that guarantee the surviving spouse's inheritance.
It is far cheaper than fixing the problem later. A marriage contract before the wedding costs R1,950 all-inclusive. Changing your marital regime after the wedding requires a High Court application costing R15,000 to R25,000 or more.
For a detailed discussion, see our comprehensive guide: 14 Reasons to Register an Antenuptial Contract Before Marriage.
At Louwrens Koen Attorneys, a marriage contract costs R1,950 all-inclusive. This covers:
Professional drafting of the contract by our Notary Public.
Notarial execution.
Registration at the Deeds Office.
The Notary's certificate for your marriage officer, allowing your wedding to proceed immediately.
There are no hidden costs. No additional Deeds Office fees. No surprises.
Step 1 — Apply online. Complete our secure online application at www.antenuptialcontracts.co.za/apply, or contact our office directly.
Step 2 — We draft your contract. Based on your instructions, we prepare a pro forma marriage contract, typically within 24 to 48 hours. This document is sent to you for review and can be modified to suit your needs.
Step 3 — Sign the contract. Both parties sign the contract before our Notary Public in the presence of two witnesses. If one party cannot attend in person, they can sign via a special power of attorney — making our service accessible to couples anywhere in South Africa.
Step 4 — Receive your certificate. Immediately upon signing, our Notary issues a certificate for your marriage officer, confirming that a marriage contract has been executed. Your wedding can proceed immediately — you do not need to wait for Deeds Office registration.
Step 5 — Registration. We lodge the contract at the Deeds Office for registration. Once the original is returned from the Registrar of Deeds, we notify you and arrange delivery.The entire process can be completed in as little as one day — even on the morning of your wedding, if necessary.
If you married without signing a marriage contract, you are automatically married in community of property. The good news is that it is not too late to change your marital regime.
Under Section 21(1) of the Matrimonial Property Act, you and your spouse can jointly apply to the High Court for permission to enter into a postnuptial contract. This changes your matrimonial property regime from in community of property to out of community of property (with or without accrual).
The process is more complex and expensive than a pre-marriage contract — involving a court application, creditor notifications, Government Gazette advertisements and Deeds Office registration — but it is well worth considering if you are currently exposed to the risks of community of property.
Our all-inclusive fees for postnuptial contracts range from R20,000 to R25,000. Visit www.postnuptialcontracts.co.za for more information or to apply online.
No. A marriage contract (antenuptial contract) must be signed before the marriage is solemnised. If you are already married, you will need to apply for a postnuptial contract through the High Court.
Not at all. A marriage contract operates throughout your marriage — protecting you from debt, enabling financial independence, facilitating tax-efficient estate planning, and shielding your family from business risks. Divorce is only one of many scenarios where a marriage contract serves its purpose.
A marriage contract protects the wealth you will build during your marriage, not just what you have today. It also protects you from debts your spouse may incur in the future. Over a 20- or 30-year marriage, the financial stakes become significant.
If the parties cannot attend in person, they can sign via a power of attorney. We serve clients nationwide through our secure online process.
Yes. A marriage contract can be entered into by parties marrying under the Marriage Act 25 of 1961, the Civil Union Act 17 of 2006, or the Recognition of Customary Marriages Act 120 of 1998. The same registration requirements apply.
We typically draft a standard marriage contract within 24 to 48 hours. The signing can be done in a single appointment. Your Notary's certificate is issued immediately, so your wedding can proceed without delay.
The accrual system is a sharing mechanism that applies automatically to marriages out of community of property. Each spouse keeps their separate estate, but when the marriage ends, the growth achieved during the marriage is calculated and shared — usually 50/50. It ensures fairness while maintaining financial independence and creditor protection. For a full explanation, see our detailed guide to the accrual system.
Do not leave the most important financial decision of your marriage to chance. Whether you call it a marriage contract, an antenuptial contract or a prenup — it is the single best investment you can make in your financial future as a couple.
R1,950 all-inclusive. No hidden costs. Completed in as little as one day.
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Louwrens Koen Attorneys
Notaries Public | Pretoria
Serving clients nationwide
This article is provided for general informational purposes and does not constitute legal advice. Each couple's circumstances are unique, and specific legal questions should be discussed with a qualified attorney or Notary Public.
