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.
We believe couples should start their marriage with certainty, not legal surprises.
Get Started
If you are planning to get married, consult Barnard Attorneys early to ensure your legal affairs are in order. Antenuptial contracts must be signed before the wedding it cannot be done afterwards without a court application.
Let us help you put the right legal structure in place for your marriage and your future.
