Areas of Practice
Antinuptial Agreement Attorneys Cape Town
Protecting your assets and securing your financial future before you say 'I do' — expert ANC drafting in Grassy Park and Bellville.
An antinuptial contract (ANC) is one of the most important legal documents a couple can sign before marriage. It determines how your assets and liabilities will be treated during the marriage and in the event of divorce or death. VDH Attorneys advises couples on the most appropriate marital regime for their circumstances and drafts and registers ANCs that are legally sound and tailored to their needs.
What We Handle
- Antinuptial contracts (ANC)
- Out of community of property
- Accrual system agreements
- Exclusion of specific assets
- Protection of business interests
- Inheritance and estate planning
- Postnuptial contracts (court application)
- Advice on marital regimes
- Registration at the Deeds Office
- Customised ANC clauses
In South Africa, if you marry without an antinuptial contract, you are automatically married in community of property. This means that all assets and liabilities — including debts incurred before and during the marriage — are shared equally between the spouses. While this may suit some couples, it can expose one spouse to the other's pre-existing debts and business liabilities.
An ANC excludes community of property and can be drafted with or without the accrual system. Under the accrual system, each spouse retains their own assets during the marriage, but on dissolution of the marriage, the spouse whose estate has grown less is entitled to share in the growth of the other's estate. This provides a measure of financial fairness while still protecting each spouse's assets during the marriage.
An ANC must be executed before a notary public and registered at the Deeds Office before the marriage takes place. It cannot be entered into after the marriage without a court order. Our attorneys ensure that your ANC is properly drafted, executed and registered, and that you fully understand the implications of the marital regime you have chosen.
Frequently Asked Questions
When must an antinuptial contract be signed?
An ANC must be signed before a notary public and registered at the Deeds Office before the marriage ceremony takes place. It cannot be entered into after the marriage without a court order under section 21(1) of the Matrimonial Property Act 88 of 1984, which is a costly and time-consuming process. We strongly recommend consulting us well in advance of your wedding date.
What is the difference between an ANC with and without accrual?
An ANC without accrual means each spouse keeps their own assets and liabilities entirely separate throughout the marriage and on dissolution. An ANC with accrual means each spouse retains their own assets during the marriage, but on divorce or death, the spouse whose estate grew less is entitled to share in the growth of the other's estate. The accrual system is generally considered more equitable for couples where one spouse earns significantly more than the other.
Can I exclude specific assets from the accrual?
Yes. The ANC can specify that certain assets — such as an inheritance, a family business or property owned before the marriage — are excluded from the accrual calculation. This allows couples to customise their financial arrangement to suit their specific circumstances.
How long does it take to draft and register an ANC?
The drafting process typically takes a few days once we have received all the necessary information from both parties. Registration at the Deeds Office can take one to two weeks. We recommend contacting us at least three to four weeks before your wedding date to allow sufficient time for the process.