An Antenuptial Contract (ANC) is one of the most important legal documents you will ever sign. Because it fundamentally alters your matrimonial property rights and affects third parties (such as creditors), South African law imposes strict formalities under the Deeds Registries Act and the Matrimonial Property Act. At Louwrens Koen Attorneys, our decades of experience ensure that every formality is meticulously met, guaranteeing that your contract is legally binding and enforceable.
1. Notarial Execution: The Essential Requirement
An ANC is a specialized legal deed that must be executed before a Notary Public.
- Expert Supervision: Only an admitted and practicing Notary Public has the legal authority to execute an ANC.
- Impartiality: The Notary must be an independent party and cannot be closely related to either spouse or have a personal interest in the contract.
- Authentication: The Notary’s official seal of office is affixed to the final page, and all inner pages are initialled to prevent tampering. Every contract is assigned a unique Protocol Number, which is recorded in the Notary’s official archives.
2. Execution Timeline: Before the "I Do."
The most critical formality is timing. The contract must be signed before the marriage is solemnised.
- Date and Time: If the contract is signed on the same day as the wedding, the exact time of execution must be recorded to prove it occurred before the ceremony.
- Signatures: Both parties must sign the contract in the presence of the Notary and two competent witnesses (persons over 14 years old who are capable of giving evidence in court).
- Power of Attorney: If one or both parties cannot appear in person at our Pretoria offices, they may grant a written Power of Attorney to a representative to sign the contract on their behalf before the Notary.
3. Registration at the Deeds Office
Signing the contract is only the first step. For the ANC to be effective against third parties (such as banks or creditors), it must be registered.
- National Validity: Registration in any Deeds Registry (such as the Pretoria Deeds Office) is valid and operative throughout the entire Republic of South Africa.
- International Couples: It is not necessary for the husband to be domiciled in South Africa to register an ANC here. However, contracts executed abroad must be properly legalised (Apostilled) before they can be registered locally.
4. The Consequences of Non-Registration
If an ANC is signed but not registered within the statutory timeframe:
- Inter Partes: The contract remains valid only between the two spouses.
- Third Parties: To the outside world, you are considered married In Community of Property. Creditors can still claim against your joint assets.
- The Fix: Late registration requires a costly High Court Application. It is vital to ensure your Notary handles the registration promptly.
Why Choose Louwrens Koen Attorneys?
With a track record of assisting over 10,000 couples, we have refined the registration process to a science.
[Apply for your ANC Online - R1950] | [Contact our Pretoria Notary]
