Marriage Lawyers in Kempton Park

Marriage lawyers in South Africa primarily draft antenuptial contracts (ANCs) and advise on matrimonial property regimes — covering whether the marriage will be in community of property, out of community of property, or out of community with the accrual system, having the contract signed in the presence of a Notary Public before the wedding, and (where it becomes necessary later) postnuptial regime-change applications under section 21 of the Matrimonial Property Act 88 of 1984. Burger Huyser Attorneys does not maintain a Kempton Park branch but takes instructions from Kempton Park clients through its Family Law practice, with the closest offices in Bedfordview (011 201 7190 — a Notary and Conveyancer is on staff, so the notarial execution can be completed in one visit) and Alberton (011 439 3990) further south.

What a Marriage Lawyer Actually Does

The phrase “marriage lawyer” sounds general, but in South Africa it points to a fairly specific set of services that sit alongside (and often before) the wedding itself. The most common instruction a marriage lawyer receives is drafting an antenuptial contract. Beyond that, the engagement typically covers advising on matrimonial property regimes, attending to the notarial execution of the contract, dealing with postnuptial regime changes by court application where a couple have already married, and overlapping the work with the firm’s wills and estates practice so existing wills still make sense once the new regime applies. Cross-border instructions — where one spouse is a foreign national or holds assets abroad — raise additional questions about document authentication and recognition of the marriage in South Africa.

• Drafting antenuptial contracts (ANCs). The most common service and the one most often searched under “marriage lawyers”.
• Advising on matrimonial property regimes — in community of property, out of community of property, and out of community with the accrual system — and the practical consequences of each.
• Notarial execution. ANCs must be signed before a Notary Public to be legally valid; this is the moment that fixes the chosen regime.
• Postnuptial regime changes — converting an existing marriage to a different property regime by court application under section 21 of the Matrimonial Property Act 88 of 1984.
• Pre-marital financial planning in conjunction with the firm’s wills and estates practice (existing wills should be reviewed for consistency with the chosen regime).
• Cross-border considerations where one spouse is a foreign national or holds assets abroad.

Antenuptial Contracts: How They Work and When They Have to Be Signed

An ANC must be entered into and signed by both parties in the presence of a Notary Public before the marriage takes place. An ANC signed after the wedding has no legal effect — it would have to be a postnuptial application under section 21 of the Matrimonial Property Act instead, which is materially more involved (see below).

The contract sets out the matrimonial property regime that will govern the marriage and can include specific exclusions listing assets each party wants kept out of the joint or accrual estate. The notary’s role is to verify identity, witness signatures, and lodge the contract with the Deeds Office within the prescribed period for registration against the parties’ properties. A marriage officer who solemnises the marriage is entitled to require proof of the parties’ matrimonial property regime; the registered ANC is the documentary proof typically produced.

Notary fees are set under the relevant regulations and are typically billed separately from the attorney’s drafting fee. Because the notary’s role is independent of the drafting attorney’s, the two fees should not be conflated in any quote.

The Three Matrimonial Property Regimes in South Africa

Regime	How it is chosen	Key effect
In community of property	Default if no ANC is signed	One joint estate; each spouse owns a half share of everything; consent needed for most major transactions.
Out of community of property	Requires an ANC	Each spouse keeps their own estate; no accrual claim by the other spouse on death or divorce.
Out of community with the accrual system	Requires an ANC	Each spouse keeps separate estates but shares the growth (accrual) in their estates during the marriage, calculated on divorce or death.

Civil Marriages, Customary Marriages, and Civil Unions

Marriage law in South Africa is not governed by a single statute. The form of the marriage determines which Act applies, and the chosen (or default) matrimonial property regime flows from there:

• Civil marriages are governed by the Marriage Act 25 of 1961.
• Customary marriages are governed by the Recognition of Customary Marriages Act 120 of 1998. Section 7(6) of that Act makes in community of property the default regime for monogamous customary marriages entered into after the Act commenced, unless an ANC is entered into.
• Civil unions are governed by the Civil Union Act 17 of 2006 and provide for same-sex and opposite-sex partnerships with a separate registration regime.

A marriage lawyer advises on which regime and which type of marriage best fits the client’s circumstances. Where a foreign marriage is involved, recognition in South Africa may require additional steps such as registration with the Department of Home Affairs, apostille or authentication of foreign documents, and (where the Marriage Act applies) compliance with South African procedural requirements.

Why Engage a Specialist for an Antenuptial Contract

An off-the-shelf ANC template downloaded from the internet is not the same as a contract drafted by a family law attorney. The points below cover the most common failures that surface later in divorce or deceased estate work.

• Enforceability. A poorly drafted ANC can be unenforceable, fail to reflect the parties’ actual intentions, or miss specific exclusions (e.g. a business or a trust interest) that one party needs protected.
• Execution errors. Errors at notarial execution — missing signatures, incorrect identification, or an unsigned schedule — can render the contract invalid. A specialist attorney runs through the checklist before the appointment.
• Estate-planning overlap. An ANC should be read alongside existing wills to ensure consistency in the event of death, particularly around accrual claims and the treatment of excluded assets.
• Tax and succession consequences. A specialist family law attorney flags the donations-tax implications of accrual claims and estate-duty effects on the surviving spouse.
• Complex estates. For couples with businesses, family trusts, or overseas assets, off-the-shelf templates do not address the specific protections required and a tailored draft is essential.

Burger Huyser’s Family Law practice is set up to close exactly this gap: the firm drafts the ANC alongside the wills and estates and trust review, rather than treating each in isolation. Directorship of the family law function sits with Anna-Mi Nel, and the Firm’s Bedforview office has admitted attorneys and notaries who handle this work end to end.

What to Expect from the Engagement

The engagement runs in five stages from first instruction to lodgement at the Deeds Office. Couples who are well-prepared at the first consultation move through each stage quickly.

1. Initial consultation. Discussion of assets, liabilities, business interests, family structure, the parties’ wishes, the available regimes, and which one fits.
2. Drafting. Preparation of the ANC reflecting the agreed terms, with annexures (e.g. a list of excluded assets) where required, and circulation to both parties for review.
3. Notarial execution. Both parties sign before a Notary Public at a separate appointment; original ID documents (or valid passports) are required.
4. Registration. The notary lodges the executed ANC with the Deeds Office for registration against the parties’ properties.
5. Cost and timeline. Drafting fees are quoted on a per-matter basis after the initial consultation; notary fees are set by regulation and billed separately. Provided both parties are available and the terms are agreed, the ANC can be drafted and ready for notarial execution within two to three weeks, allowing time before the marriage date.

Practical Considerations Before the Wedding

• The ANC must be signed before the marriage — leave enough lead time (a minimum of two to three weeks is typical) for drafting, review, and notarial execution.
• Both parties need original ID documents or valid passports at the notarial execution.
• Existing wills should be reviewed for consistency with the chosen matrimonial property regime; a marriage generally does not revoke a will, but the interaction with the new regime matters.
• Pre-marital cohabitation agreements are different from ANCs and may be advisable in addition to (not instead of) an ANC.
• Once the marriage is solemnised, changing the regime requires a court application under section 21 of the Matrimonial Property Act 88 of 1984 — more involved and more expensive than entering into an ANC beforehand.

Frequently Asked Questions

How much does an antenuptial contract cost in South Africa?

Drafting fees depend on the complexity of the agreement and whether other documents (existing wills, trust deeds, cohabitation agreements) need to be reviewed alongside it. Burger Huyser Attorneys quotes on a per-matter basis after the initial consultation; notary execution fees are set under the relevant regulations and are billed separately.

Can an antenuptial contract be signed after the wedding?

No. An antenuptial contract signed after the marriage has no legal effect. Couples who marry without an ANC and later want to change their matrimonial property regime must apply to the High Court under section 21 of the Matrimonial Property Act 88 of 1984 — a more involved and more expensive process than entering into an ANC beforehand.

What happens if we marry without an antenuptial contract?

The default matrimonial property regime in South Africa is in community of property. All assets and liabilities owned by the spouses before and during the marriage are pooled into a single joint estate, and each spouse owns a half share. Consent of the other spouse is needed for most major transactions. Changing out of this regime after the marriage requires a court application under section 21 of the Act.

How long does the engagement take from first consultation to notarial execution?

Provided both parties are available and the terms are agreed, the ANC can be drafted and ready for notarial execution within two to three weeks, allowing time before the marriage date. Where one party is overseas, lead time should be extended to accommodate the foreign notarial process and document authentication.

Where do I sign the antenuptial contract?

Burger Huyser Attorneys’ Bedfordview branch has a Notary and Conveyancer on staff (45A Florence Avenue, Bedfordview, 011 201 7190), and notarial execution can be completed there in a single visit. The Alberton office (28 Nelson Mandela Avenue, Randhart, Alberton, 011 439 3990) is the next-closest option for Kempton Park clients on the southern side of the N1/N3 interchange.

Do both parties need to attend the notarial execution?

At least one party typically appears before the Notary Public in person with original ID documents. Where one party is abroad, a Notary Public in the foreign jurisdiction can attest the signature and the document can be apostilled or authenticated under the Hague Convention for use in South Africa; this adds time and cost and should be arranged well in advance of the marriage date.

If you are planning a wedding or thinking about an antenuptial contract, Burger Huyser Attorneys’ Family Law team can advise on the matrimonial property regime that fits your circumstances, draft the contract, and arrange the notarial execution. The firm serves clients across Gauteng, including Kempton Park, with the closest offices in Bedfordview (011 201 7190) — where a Notary and Conveyancer is on staff — and Alberton (011 439 3990). Get in touch to book a consultation with enough lead time before your wedding date.