Antenuptial Contracts (ANC)
Antenuptial Contracts (ANC) is a legal agreement entered into before marriage that determines how your assets and debts will be treated during the marriage and if the marriage ends through divorce or death.
Your ANC records whether you will be married:
At Barnard Attorneys Inc., we provide a complete notarial ANC service — from advice and drafting to notarisation and Deeds Office registration — so you start your marriage with clarity and protection.
If you marry without an ANC, the law automatically places you in community of property. This means you and your spouse share one joint estate, including all assets and debts, regardless of whose name they are in.
An ANC allows you to:
It is not about mistrust — it is about sound planning.
Marriage Regimes in South Africa
South African law recognises three marriage regimes. Each has different legal and financial consequences, and there is no one‑size‑fits‑all solution.
If you marry without Antenuptial Contracts (ANC) you are automatically in community of property.
What this means:
Key risks:
Possible advantages:
Requires Antenuptial Contracts (ANC) signed before the wedding.
How it works:
Assets owned before marriage must be listed and excluded in the ANC if they are not to form part of the accrual. Inheritances, donations and personal injury damages are generally excluded by law unless stated otherwise.
Advantages:
Disadvantage:
Also requires an Antenuptial Contracts (ANC) before marriage.
How it works:
Advantages:
Disadvantage:
We provide a full service from first discussion to final registration.
We assess your circumstances and explain each marriage regime in plain language so you can make an informed decision.
We advise you on the legal and financial consequences of your choice, including treatment of assets, debts and future growth.
We draft a customised ANC that reflects your intentions and complies with South African law.
Your ANC is signed before a Notary Public and properly notarised, making it legally valid and enforceable.
We register your ANC at the Deeds Office within the required period and manage the process from start to finish.
At Barnard Attorneys, we understand that entering into an Antenuptial Contract is an important life decision. Our role is to ensure you understand your options and that your agreement is professionally drafted, legally compliant, and efficiently registered.
Clients choose us because we offer:
From your first consultation to final registration, we provide a seamless and professional service that gives you confidence as you begin your marriage.
An Antenuptial Contract must be signed before your marriage takes place. It cannot ordinarily be entered into after the marriage has already been concluded without following a separate legal process.
The contract is signed before the marriage and then lodged for registration in the Deeds Office. While registration is completed after the marriage, the legal formalities must be attended to within the prescribed time periods.
In certain circumstances, spouses may apply to the High Court to change their matrimonial property system after marriage. This is a separate legal process that requires a court application and approval.
Yes. Both prospective spouses must sign the Antenuptial Contract before the Notary Public before the marriage takes place.
South African law requires an Antenuptial Contract to be executed before a Notary Public and registered in the Deeds Office for it to be legally valid and enforceable.
