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ANC Contracts

June 11, 2020

Antenuptial contracts set out what we believe to be the cornerstones of successful unions. Think of your antenuptial contract (“ANC”), or colloquially known as a “Pre-nuptial contract”, as the foundation to building a home. This contract dictates your financial future after marriage, how you transact with third parties and further equally importantly directs how your assets will be distributed not only on divorce but also on death. An ANC is an essential document that, under South African law, determines whether your marriage will exist in one of the following marriage regimes:

  1. In community of property (all assets and liabilities are equally shared and jointly owned by spouses)
  2. Out of community of property – with accrual (each spouse declares his/her estate’s nominal value at commencement of the marriage and retains their assets and liabilities (unless expressly excluded) until death or divorce, whereby the accrual of each will be calculated and divided)
  3. Out of community of property without accrual (all assets and liabilities of the spouses are separate, unless otherwise provided for in the ANC).

Having an ANC offers several benefits, for example:  Preventing your intended marriage from automatically being in community of property

Offering transparency in your relationship by recording the rights, duties, and consequences (legal and proprietary) of your marriage

  • Preventing unnecessary disputes with your spouse down the line

We offer a fully comprehensive service to couples which includes the following:

  • An initial one-hour consultation at our offices
  • Drafting of a tailor-made antenuptial contract
  • A follow up consultation to sign the contract
  • A letter for your marriage officer confirming that a contract has been executed
  • Lodging the contract at the Deeds Office for registration
  • Notifying you that the contract has been registered and providing you with a scanned copy of it.
  • In addition, we recommend that couples consider executing a will together with their Antenuptial Contract.

Contact – julie@yhp.co.za or sandra@yhp.co.za

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