THE SECTION 6(1) STATEMENT - Separate declaration of Nett Commencement Value

In South Africa, the Nett Commencement Value—the total value of what you own at the start of your marriage—is the most critical figure in an Antenuptial Contract (ANC). However, many couples are uncomfortable listing their private financial information in a document registered and searchable at the Deeds Office. Section 6(1) of the Matrimonial Property Act 88 of 1984 provides the perfect solution: a legal mechanism to declare your assets privately and accurately after the wedding.

Why Choose a Section 6(1) Statement?

1. Absolute Financial Privacy

An Antenuptial Contract is a public record. Anyone with your name or ID number can request a copy from the Deeds Office. For high-net-worth individuals, business owners, or those who value their privacy, a Section 6(1) Statement is the ideal alternative.

  • Your ANC is registered with a commencement value of "NIL" or left for later declaration.
  • Your actual financial worth is then declared in the Section 6(1) Statement, which is not lodged at the Deeds Office. It remains a private document held in the Notary's archives.

2. A "Safety Net" for Missing Values

If you married in a rush and your ANC was registered with a "Nil" value, the law assumes you brought nothing into the marriage. This means you would have to share 50% of your pre-marital wealth upon death or divorce. A Section 6(1) Statement corrects this "Nil" status, ensuring only the actual growth during the marriage is shared.

How the Section 6(1) Process Works

To ensure your declaration is legally binding, the following strict criteria must be met:

  • The 6-Month Deadline: The statement must be notarially executed within six months of the date of the marriage. Once this window closes, your commencement value is legally fixed at whatever is in your registered ANC (usually "Nil").
  • Notarial Protocol: The statement is signed before a Notary Public. Instead of being sent to the Deeds Office, it is filed in the Notary’s official protocol. This makes it a secure, private legal record that can be produced as evidence only when needed (such as at the dissolution of the marriage).
  • Mutual Agreement: Both spouses must sign the statement, acknowledging and agreeing to the values each has declared.

When is a Section 6(1) Statement Recommended?

At Louwrens Koen Attorneys, we frequently assist clients with this declaration in the following scenarios:

  • Privacy Concerns: You do not want family, friends, or the public to know your net worth.
  • Complex Asset Valuations: You own businesses, shares, or offshore assets that require a professional audit, which wasn't completed before the wedding date.
  • Correcting "Pro-Forma" Contracts: You signed a generic contract at the last minute and need to ensure your actual pre-marital wealth is protected.

Secure Your Privacy for a Fixed Fee

Protecting your pre-marital assets while maintaining your privacy is a strategic legal move. Our office, located near Loftus Versveld in Pretoria, specializes in private Notarial Declarations. We will draft your Section 6(1) Statement and ensure it is safely archived in our secure Notarial Protocol for future reference.


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