An Antenuptial Agreement is a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each and potential division if the marriage is later dissolved.

The Antenuptial Agreement must be signed before the marriage is concluded. The contract will be signed by a notary and registered in the local Deeds Registry.

If the parties conclude a marriage without signing a prenuptial agreement the marriage will automatically be regarded as in community of property in terms of the Common Law. If the parties are desirous to change the marriage regime at a later stage they may launch an application to the High Court who may authorise the postnuptial execution of a contract which is in essence an antenuptial agreement.

The marital property regimes recognised in South Africa in terms of Common Law and the Matrimonial Property Act of 1984 are:

  • Marriage in community of property and of profit and loss (COP)
  • Marriage out of community of property subject to the accrual system (ANC)
  • Marriage out of community of property excluding the accrual system (ANC)

Our firm will be able to advise which property regime will best suit the client’s circumstances and assist with drawing up and registration of an agreement that meets the client’s needs.