Getting married is one of the most significant legal decisions you’ll ever make — not just personally, but financially. In South Africa, if you don’t sign an ante-nuptial contract (ANC) before your wedding, you are automatically married in community of property, which means you and your spouse share everything — including each other’s debts. Understanding your options before you say “I do” can protect your financial future.
What is an Ante-Nuptial Contract?
An ante-nuptial contract (ANC) is a legal agreement signed before marriage that determines how your assets and liabilities will be treated during the marriage and in the event of divorce or death. It must be signed before a notary public and registered at the Deeds Office before the wedding. A post-nuptial contract is not possible in South Africa (with very limited exceptions).
The Three Matrimonial Property Regimes in South Africa
1. In Community of Property (No ANC)
If you marry without an ANC, you are automatically married in community of property. This means:
- All assets and liabilities are shared equally (50/50)
- Your spouse’s debts become your debts — including debts incurred before the marriage
- Neither spouse can make major financial decisions (selling property, borrowing money) without the other’s consent
- On divorce, the joint estate is divided equally
While this regime offers simplicity, it carries serious risk — particularly if one spouse runs a business or carries significant debt.
2. Out of Community of Property — Without Accrual
An ANC excluding the accrual system means your estates remain completely separate throughout the marriage. Each spouse owns their own assets and is responsible for their own debts. On divorce, each spouse walks away with only what they brought in or earned independently.
This offers maximum protection — but can leave a financially dependent spouse (often the one who paused their career to raise children) vulnerable on divorce.
3. Out of Community of Property — With Accrual (Recommended)
The accrual system is generally considered the most equitable option for most couples. During the marriage, your estates remain separate (protecting each spouse from the other’s debts). But on divorce or death, the growth in each spouse’s estate (from the date of marriage) is shared equally.
For example: if one spouse grew their estate by R2 million during the marriage and the other grew theirs by R500,000, the difference (R1.5 million) is shared — each receiving half. This rewards both partners for the economic partnership of marriage.
Key Clauses in an ANC
Beyond the accrual election, an ANC can include:
- Exclusions from the accrual (e.g. inheritances or gifts received during the marriage)
- A starting value for each spouse’s estate (to ensure pre-marriage wealth is not shared)
- Maintenance provisions
- Protection of a family business
When Must You Sign an ANC?
An ANC must be signed before the marriage ceremony. Once you are married, it is too late — you cannot enter into an ANC and would need to approach the High Court to change your matrimonial property regime (a complex and expensive process).
The ANC is signed before a notary attorney and registered at the Deeds Office. Allow at least two to three weeks before your wedding date to have this completed.
Get Your ANC Right Before Your Wedding
An ante-nuptial contract is one of the most important legal documents you’ll ever sign. Getting it right protects both spouses. Contact Attorneys SA today — our attorneys will guide you through your options and draft an ANC tailored to your circumstances.