You are getting married and someone — a parent, a friend, a financial advisor — has told you that you need a prenup. But what exactly is a prenup, what does it do, and is it really necessary in South Africa?
The short answer: yes, it is. A prenup is one of the most important legal documents you will ever sign. It protects your assets, shields you from your partner's debts, safeguards your business, and gives both of you financial independence and security — all while ensuring fairness if the marriage ends.
This guide explains everything you need to know in plain language, without the legal jargon.
A prenup — short for prenuptial agreement — is a legal contract signed by two people before they get married. It sets out how their money, property and debts will be handled during the marriage and if the marriage ends.
In South African law, a prenup is formally called an antenuptial contract (ANC). You may also hear it referred to as a marriage contract. These are all the same document — just different names.
A prenup must be:
Signed by both parties before the wedding. Signed in the presence of a Notary Public (a specially qualified attorney) and two witnesses. Registered at the Deeds Office to be enforceable against third parties such as creditors and banks.
Without a prenup, South African law automatically treats your marriage as "in community of property" — which means everything you own and everything you owe is shared 50/50 with your spouse from day one.
If you get married without signing a prenup, the law assumes you want to share everything. Specifically:
All assets become joint assets. Your car, your savings, your investments, your retirement fund — they all go into one shared pot. Even things you owned before the wedding become part of the joint estate.
All debts become joint debts. If your spouse has credit card debt, a personal loan, or a failed business, you are now equally liable. Creditors can come after your personal assets to recover your spouse's debts.
You cannot act independently. You need your spouse's written consent to sell property, take out a loan, sign a suretyship, or enter into credit agreements above a certain limit.
If your spouse goes bankrupt, so do you. In a community of property marriage, the entire joint estate is sequestrated. There is no separation — both spouses lose everything.This is the default position in South African law.
The only way to avoid it is to sign a prenup before the wedding.
A prenup changes the financial structure of your marriage. Instead of sharing one joint estate, each spouse keeps their own separate estate. This means:
Your assets stay yours. What you own remains in your name and under your control.
Your debts stay yours. Your spouse's creditors cannot claim against your assets, and vice versa.
You can act independently. You can buy, sell, invest, borrow and sign contracts without needing your spouse's permission.
Your business is protected. If your business fails, your spouse's home and savings are safe. If your spouse's business fails, yours are safe too.
You still share fairly. If you choose the accrual system (and most couples do), you share the wealth you build during the marriage — but you keep what you brought into it, and you are never liable for each other's debts.
When you sign a prenup, you choose one of two options:
This is what most couples choose, and what most attorneys recommend. It gives you the best of both worlds: protection and fairness.
During the marriage: You each keep your own separate estate. Your assets are protected from each other's creditors. You manage your own finances independently.
When the marriage ends: The growth in each spouse's estate during the marriage is calculated. The spouse whose estate grew more pays the other spouse half the difference. This ensures that both spouses share in the wealth built together — even if one spouse earned less or stayed home to raise children.
Example: You enter the marriage with R200,000 in assets. During 15 years of marriage, your estate grows to R2,000,000. Your accrual (growth) is R1,800,000. Your spouse entered with R50,000 and their estate grew to R500,000 — an accrual of R450,000. The difference between R1,800,000 and R450,000 is R1,350,000. Your spouse would receive half of that difference: R675,000. You keep the rest.
Best for: Most couples, especially younger couples starting out together, couples where one spouse may earn less or take time off for children, and any couple that values both independence and fairness.
With this option, there is no sharing at all. Each spouse keeps everything they accumulate — before and during the marriage. When the marriage ends, neither spouse has any financial claim against the other (unless a court orders otherwise).Best for: Second marriages, older couples with established wealth, couples where both parties have strong independent careers and assets, or couples with children from previous relationships who want to preserve their estates for those children.
At Louwrens Koen Attorneys, a prenup costs R1,950 all-inclusive. That covers everything:
Professional drafting of the prenup by our Notary Public. Registration at the Deeds Office. A Notary's certificate for your marriage officer so your wedding can go ahead immediately. No hidden fees. No Deeds Office surcharges. No surprises.
Compare that to the alternative: If you marry without a prenup and want to change your marital regime later, you will need a postnuptial contract — which requires a High Court application and costs between R20,000 and R25,000. Getting it right before the wedding saves you tens of thousands of rands.
The process is fast:
Drafting: We prepare a standard prenup within 24 to 48 hours of receiving your application.
Signing: A single appointment at our office, or via power of attorney if one party cannot attend in person.
Certificate: Issued immediately upon signing. Your wedding can proceed the same day — you do not need to wait for Deeds Office registration.
Registration: We handle the Deeds Office registration on your behalf. You will be notified when the original is returned.We have completed prenups on the morning of a wedding. While we recommend starting the process as early as possible, it is never too late — right up until the ceremony.
No. A prenup (antenuptial contract) must be signed before the marriage is solemnised. This is a firm legal requirement — there are no exceptions.
However, if you are already married without a prenup, the law does provide a way to change your marital regime through a postnuptial contract. This requires a joint application to the High Court under Section 21(1) of the Matrimonial Property Act. The process involves notifying creditors, advertising in the Government Gazette and two newspapers, and obtaining a court order. It is more complex and significantly more expensive than a prenup, but it can be done.
For more information on postnuptial contracts, visit www.postnuptialcontracts.co.za or see our postnuptial contracts page.
No. A prenup is a financial planning tool — just like a will, life insurance, or a business partnership agreement. It protects both of you. Discussing your finances openly before marriage is a sign of a healthy, mature relationship — not a lack of trust.
Absolutely not. A prenup protects the wealth you will build over the course of your marriage, not just what you have today. It also protects you from debts your spouse may incur in the future. Over 20 or 30 years of marriage, the financial stakes become very real — regardless of where you start.
No. A prenup operates throughout your entire marriage — protecting you from debt, enabling tax-efficient estate planning, shielding your family from business risks, and giving you financial independence. Divorce is only one of many scenarios where a prenup matters.
This is more common than you think, and it usually comes down to a misunderstanding about what a prenup does. A prenup with accrual actually protects the lower-earning spouse by guaranteeing them a share of the wealth built during the marriage — while also protecting both spouses from each other's debts and creditors. It is fair to both parties. Having an open conversation about it, ideally with a Notary who can explain the options neutrally, usually resolves the concern.
A prenup can be signed by couples marrying under the Marriage Act, the Civil Union Act, or the Recognition of Customary Marriages Act. The same legal requirements and protections apply regardless of the type of marriage.
A prenup can include almost any provision, as long as it is not illegal, immoral or against public policy. Common provisions include choosing the accrual system, excluding specific assets from the accrual calculation, making donations between spouses, including succession clauses that protect the surviving spouse, and declaring the net value of each spouse's estate at the start of the marriage. For a detailed discussion of what can and cannot be included, see our guide to prohibited clauses.
No. While we are based in Pretoria, we serve clients across South Africa. If one or both parties cannot attend in person, the contract can be signed via a special power of attorney. We will provide detailed instructions and handle everything remotely.
Step 1 — Apply online. Complete our application form at www.antenuptialcontracts.co.za/apply. It takes a few minutes.
Step 2 — We draft your prenup. We prepare a pro forma contract based on your instructions, typically within 24 to 48 hours. You review it and let us know if you want any changes.
Step 3 — Sign. Both parties sign before our Notary Public in the presence of two witnesses.
Step 4 — Get your certificate. Our Notary issues a certificate for your marriage officer immediately. Your wedding can proceed.Step 5 — We register. We lodge the contract at the Deeds Office and notify you once the original is returned.
We have drafted and registered thousands of prenups over more than 25 years. Our Notary Public is on-site, our offices are conveniently located in Pretoria, and our proximity to the Deeds Office means faster registration and turnaround than most firms in South Africa.We serve clients nationwide through our secure online application process and power of attorney system.
You do not need to be in Pretoria to use our services.R1,950. All-inclusive. No hidden costs.
Do not leave the most important financial decision of your marriage to chance — or to the default. A prenup gives you and your partner control over your financial future, protects you both from risk, and ensures fairness throughout your marriage.
Apply Online Now | Call 087 001 0733 | Email Us
Louwrens Koen Attorneys
Notaries Public | Pretoria
Serving clients nationwide
www.antenuptialcontracts.co.za
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.
