An Antenuptial Contract is a legal agreement signed before marriage to regulate the terms and conditions of the marriage. It is entered into by prospective spouses who are free to marry each other or enter into a same-sex civil union.

Why is an Antenuptial Contract important?

If your spouse becomes indebted, to protect yourself against your spouses’ creditors, it is important that you have an Antenuptial contract that is registered at the Deeds Registry.

An Antenuptial Contract (ANC) must be signed before marriage and registered within three months. In South Africa, there are three matrimonial property regimes:

• Marriage in Community of Property: Assets and liabilities are shared, and creditors can claim both spouses’ assets. Financial independence is limited.
  
  
• Marriage Out of Community of Property: Each spouse maintains separate estates, responsible for their own debts. There is no sharing of assets in case of divorce or death.
  
  
• Marriage Out of Community of Property with Accrual System: Spouses maintain separate estates but share accumulated wealth during the marriage. At dissolution, the difference in net estate values is split.

Each regime has advantages and disadvantages, and the ANC can be tailored to suit individual needs