Who Can Enter into an Antenuptial Contract in South Africa?

Understanding who has the legal capacity to enter into an Antenuptial Contract (ANC) is the first step toward securing your financial future. In South Africa, the law has evolved to be highly inclusive, ensuring that diverse marriage types—from civil unions to customary marriages—are afforded the same protections under the Matrimonial Property Act. At Louwrens Koen Attorneys, we leverage our decades of experience to assist a wide range of couples, ensuring their contracts are legally watertight and successfully registered at the Pretoria Deeds Office.

1. Civil Union Partners

Since the commencement of the Civil Union Act 17 of 2006, South African law recognizes the "voluntary union of two persons" (regardless of gender) who are 18 years or older.

• Equality in Law: Partners in a civil union have the exact same rights and responsibilities as those married under the Marriage Act of 1961.
• ANC Requirements: The same procedures for drafting and registering an ANC apply. Without a registered contract, a civil union defaults to In Community of Property.

2. Parties to a Customary Marriage

The Recognition of Customary Marriages Act 120 of 1998 provides full legal status to marriages concluded according to indigenous customs and traditions.

• The Default Regime: For monogamous customary marriages concluded after November 2000, the marriage is automatically In Community of Property unless an ANC is signed and registered.
• Polygamous Marriages: If a spouse wishes to enter into a further customary marriage, they must apply to the High Court for approval of a written contract that regulates the matrimonial property system of all existing and future marriages.
• Validity: While failure to register a customary marriage at Home Affairs within 3 months doesn't invalidate the union, having it registered simplifies the ANC process significantly.

3. Minors (Persons under 18)

If an intended spouse is a minor, specific legal safeguards are required:

• The Signature Rule: A minor must sign the ANC themselves. A parent or guardian cannot sign on their behalf.
• Parental Assistance: The minor must be assisted by a parent or legal guardian, who signifies this by co-signing the contract.
• Consent for Marriage vs. ANC: While only one parent's consent is required to sign the ANC, both parents must consent to the minor's marriage.
• Immovable Property: If the ANC involves the transfer or alienation of a minor's land or house, both parents must assist.

4. Prohibited Parties

Not everyone can enter into an ANC. Parties prohibited by reason of consanguinity (blood relation) or affinity (relation by marriage) cannot validly marry or enter into an ANC. This includes direct descendants, ascendants, and certain collateral relatives.

Why Our Experience Matters

Whether you are entering a civil union, a customary marriage, or require assistance for a minor, the drafting of the ANC must be precise. With over 10,000 couples assisted and an annual volume of up to 1,100 contracts registered, our team at Loftus Versveld offers unmatched reliability and speed.

[Apply Online for your ANC - R1900] | [Contact  with our Pretoria Notary]