Antenuptial Contracts South Africa

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Antenuptial Contracts · South Africa

Antenuptial contracts, drafted with care, registered before the wedding.

Drafted by a notary public, signed before a notary, and registered at the Deeds Office. R1,950 all-inclusive. Practising since 1995, with around a thousand contracts registered every year.

Begin your application → Compare your options
  • Notary public
  • R1,950 all-inclusive
  • Nationwide service
  • Practising since 1995
The three regimes

Three ways to be married in South Africa.

Every marriage falls into one of three matrimonial property regimes. Understanding which one fits your circumstances is the most important decision you make before the wedding.

Default

In community of property

If you don’t sign a contract, the law makes the choice for you. One joint estate. Joint debts. Spousal consent for the big stuff.

  • One joint estate, shared 50/50
  • Joint liability for either spouse’s debt
  • Spousal consent required for property and major credit
  • Inheritances fall into the joint estate by default
Read more Recommended

Out of community, with accrual

The middle ground most South Africans choose. Independent during the marriage; the growth is shared fairly when it ends.

  • Separate estates while you’re married
  • No exposure to your spouse’s debts
  • Equal sharing of the growth at the end
  • Inheritances and gifts excluded automatically
Read more Full separation

Out of community, without accrual

The most separation-oriented choice. Right for second marriages, business owners, and couples with significant existing wealth.

  • Two completely separate estates
  • No automatic sharing on divorce or death
  • Court has discretion to redistribute (EB v ER 2024)
  • Best paired with trust and account discipline
Read more
Side by side

The same questions, three different answers.

Most attorneys walk couples through a version of this table at the first meeting. Use it to sense-check which regime fits your circumstances.

The question No contractIn community of property With accrualOut of community Without accrualOut of community
Do we sign anything? No — default regime Yes — notarial contract Yes — notarial contract
Who owns what? One joint estate, 50/50 Two separate estates Two separate estates
Exposure to spouse’s debt? Fully exposed Protected Protected
Spouse consent for big decisions? Yes No No
Sharing at divorce or death? 50/50 of joint estate Growth shared equally No automatic sharing*
What happens to inheritances? Fall into joint estate Excluded by law Stay with the inheriting spouse
Best suited for Couples wanting full sharing Most first marriages Second marriages, business owners

*Since the Constitutional Court’s 2023 judgment in EB v ER 2024 (2) SA 1 (CC), the divorce court has a discretion to redistribute assets in any without-accrual marriage where one spouse contributed to the other’s estate. The remedy is not automatic.

How it works

Five steps from application to registered contract.

Whether you sign with us in Pretoria or arrange a power of attorney where travel is difficult, the process is the same: drafted with care, signed before a notary, registered at the Deeds Office.

  1. 1

    Apply online

    Five minutes on the intake form.

  2. 2

    We draft

    One working day. Emailed for your review.

  3. 3

    Sign before a notary

    At our offices in Pretoria, or by power of attorney where travel is difficult.

  4. 4

    Notary executes

    The contract is signed and witnessed by a notary public.

  5. 5

    Deeds Office

    Lodged for registration within three months.

R1,950 all-inclusive. Drafting, notary attendance, and Deeds Office registration. No extras. No surprises.
1995
Practising attorney
notary public since 2012
~1,000
Antenuptial contracts
registered each year
R1,950
All-inclusive fee.
Always.
9
Provinces served
across South Africa
Ready when you are

Start your antenuptial contract.

Five minutes to apply. Drafted by a notary public, signed before a notary, registered at the Deeds Office. R1,950 all-inclusive.

Begin your application →
Takes 5 minutes · No obligation · We confirm by return email within one working day
Frequently asked

Common questions, plain answers.

How much does it cost?
R1,950 all-inclusive. The fee covers drafting, notary attendance, and Deeds Office registration. There are no extras and no surprises. We invoice once, after you have approved the draft.
Where will we sign the contract?
At our offices in Pretoria, before a notary public. If you live further afield, are working away, or travel is inconvenient, we can arrange a power of attorney so the contract is signed on your behalf. Tell us what suits you on the intake form.
How long before the wedding should we sign?
Four to six weeks before the wedding is comfortable. We have signed contracts the day before — but starting earlier means less stress in the run-up to the wedding. The contract must be signed before the marriage and registered at the Deeds Office within three months of signing.
What if one or both of us is overseas?
That’s manageable. A power of attorney can be signed before a local notary or at a South African embassy and posted back; the contract is then signed and registered in South Africa. We have handled this for clients in the UK, US, UAE, Australia, and across Africa.
What is the accrual system?
A mechanism for sharing the growth — but not the existing assets — built up during the marriage. Each spouse declares the value of their estate at the wedding (the commencement value). At the end of the marriage, the growth in each estate is calculated, the smaller is subtracted from the larger, and half of the difference flows to the spouse whose estate grew less. Inflation is accounted for.
Can we change the regime later?
Yes, but only by a section 21 High Court application under the Matrimonial Property Act. Both spouses must consent, no creditor may be prejudiced, and the court must approve. It is significantly slower and more expensive than signing a contract before the wedding — so the practical advice is always: sign now.