Marriage Out of Community of Property
Antenuptial Contracts (ANC)
A marriage out of community of property is established through an antenuptial contract (ANC), one of the most important agreements a couple will sign. Entered into before marriage, it allows couples to modify the default financial consequences of marriage to suit their needs.
An ANC enables spouses to customise their matrimonial property regime, provided its terms comply with the law, public policy, and the nature of marriage. As it governs financial rights and may affect creditors, amending it after marriage is complex.
Types of Antenuptial Contracts
Excluding community of property, community of profit and loss, and the accrual system
Each spouse retains full control over their assets and liabilities.
Excluding community of property and community of profit and loss, but including the accrual system
Spouses share in the financial growth (accrual) accumulated during marriage, with the lesser-earning spouse entitled to a portion of the difference upon divorce.
Important Information
Only a notary public (a qualified attorney) may execute an ANC. Both parties should consult the notary beforehand and ideally seek independent legal advice.
The ANC must be signed before marriage by both parties and the notary, then submitted to the deeds office for registration within three months. A prescribed fee applies in addition to standard legal costs.
What if I don’t register in time?
If not signed or registered on time, couples may apply to the High Court under the Deeds Registries Act 47 of 1937 for condonation. This must be done within a reasonable period after discovering the oversight, with notice given to the registrar of deeds.
Proper registration ensures financial clarity and prevents legal complications in the future.
Register your contract todayHow it works
- Complete the Online FormProvide your details through our secure online platform.
- Document DraftingWe draft your bespoke Antenuptial Contract based on the information you provide.
- Professional ReviewA qualified Family Lawyer and Notary reviews your ANC to ensure accuracy and compliance.
- Signature and RegistrationOnce approved, your contract is signed and registered at the Deeds Office, making it legally binding.