Antenuptial Contracts Roodepoort

An antenuptial contract (ANC) is a notarial agreement signed by both intended spouses before the marriage that determines whether the marriage will be in community of property, out of community of property, or out of community of property with the accrual system — and in the absence of one, South African law automatically treats the marriage as in community of property. The contract must be executed before a notary before the wedding and lodged at the Deeds Office within three months of execution to bind third parties. Burger Huyser Attorneys handles ANC drafting, notarial execution, and registration for Roodepoort-area clients through its Helderkruin branch at 16 Galena Avenue (011 668 0030), with work coordinated through the firm’s Family Law Department under Director Anna-Mi Nel.

Why an Antenuptial Contract Matters — and What Happens Without One

Marrying without an ANC in South Africa means the marriage is automatically in community of property: one joint estate, both spouses jointly liable for each other’s debts, and all assets (including those brought into the marriage) shared from the date of marriage. The joint-and-several liability for debt under the in-community regime is the key commercial risk — creditors of one spouse can attach the joint estate to satisfy debts incurred by the other, even where the other spouse had no knowledge of the debt.

An ANC also records the parties’ choice of matrimonial property system at the start, which avoids later disputes about whether a particular asset falls into the joint or separate estate. Couples with no assets at the date of marriage routinely execute an ANC, because the regime choice governs how growth during the marriage is treated — and growth can come from inheritance, business success, or simply decades of disciplined saving. Choosing a regime now is far cheaper than litigating the point on divorce or death.

The Three Marriage Regimes You Can Choose

Regime	What it means	When couples typically choose it
In community of property (default if no ANC)	One joint estate; all assets and liabilities shared from the date of marriage; each spouse liable for the other’s debts	Default — couples who don’t sign an ANC at all
Out of community of property	Each spouse retains a separate estate; what you bring in stays yours; what you earn during the marriage is yours	Couples with pre-marital assets, business owners, second marriages, or anyone wanting clear estate separation
Out of community of property with accrual	Separate estates during the marriage, but on dissolution (death or divorce) the spouse whose estate grew less claims a half-share of the growth from the other	Couples who want estate separation but also a fair sharing of growth during the marriage

The accrual system requires the ANC to include specific wording for accrual to apply — a poorly drafted “out of community” ANC without accrual language does not automatically convert to accrual on divorce. Certain assets are excluded from the accrual calculation by default (inheritances, donations, and certain personal damage awards), and the parties may contractually add further exclusions to suit their circumstances. Drafting these exclusions precisely is one of the main reasons couples instruct an attorney rather than relying on a generic template.

The Antenuptial Contract Process, Step by Step

1. Pre-consultation — both intended spouses attend a joint consultation with the attorney to confirm identity, marital status, and discuss the regime options that fit the parties’ circumstances.
2. Drafting — the attorney drafts the notarial ANC, including the chosen regime, accrual clause (if any), and any specific exclusions or inclusions.
3. Signature before a notary — both parties sign the ANC in the presence of a qualified notary. An ANC that is not properly notarised is invalid; a power of attorney from one party to the other is not sufficient.
4. Registration at the Deeds Office — the notary lodges the executed ANC with the relevant Deeds Office within three months of execution. Registration is what makes the contract valid against third parties (creditors, purchasers, other contracting parties).
5. Filing before the wedding — the fully registered ANC must be in place before the solemnisation of the marriage. An ANC signed or registered after the wedding has no legal effect on the matrimonial property system.

If a couple only seeks to change their regime after the marriage, the Matrimonial Property Act 88 of 1984 allows a joint application to the High Court under section 21 for an order varying the matrimonial property regime — but the court’s power is discretionary and the application involves a substantive court process with notice to creditors. The practical guidance is to sign the ANC before the wedding.

What to Bring to Your First ANC Consultation

• South African ID documents (or valid passport and study/work permit) for both intended spouses.
• If either party has been previously married: decree of divorce or death certificate of the former spouse, and any existing ANC from that prior marriage.
• A basic indication of pre-marital assets, business interests, or expected inheritances, so the attorney can advise whether accrual exclusions should be drafted in.
• Contact details for the marriage officer who will solemnise the marriage, so timing can be aligned to ensure the ANC is registered before the wedding date.

What an Antenuptial Contract Costs — and What Affects the Fee

Fees depend on complexity: a standard out-of-community-of-property-without-accrual ANC with no excluded assets is the simplest file and is typically the cheapest option. Adding the accrual system, multiple asset exclusions, or trust-style provisions increases drafting time and therefore fee. The all-inclusive cost usually bundles the attorney’s drafting fee, the notary’s attestation fee, and Deeds Office registration costs into one quote — confirm with the firm that the quote is all-inclusive and ask what would push the file into a higher fee tier.

Burger Huyser Attorneys’ Roodepoort branch quotes on a per-file basis after the first consultation at the Helderkruin office (011 668 0030). The firm commits to an upfront cost conversation rather than a pre-engagement estimate, so couples know the fee tier before signing anything.

Local Filing Route: Helderkruin to the Johannesburg Deeds Office

Antenuptial contracts are not filed at the Roodepoort Magistrate’s Court — they are notarial instruments that must be signed before a qualified notary and lodged at the Deeds Office. The Deeds Office that serves the West Rand and greater Johannesburg area is the South Gauteng Deeds Registry in Johannesburg, and the notary handles registration on the parties’ behalf after execution; clients do not need to attend the Deeds Office in person.

Frequently Asked Questions

Can we sign an antenuptial contract after the wedding if we change our minds?

No. An ANC that is signed after the marriage has no effect on the matrimonial property system. Couples who married in community of property and now want to change can apply to the High Court under section 21 of the Matrimonial Property Act 88 of 1984 to change the regime, but the court’s power is discretionary and the application involves a substantive court process. The practical guidance is to sign the ANC before the wedding.

Do we both need to attend the consultation?

Yes. Both intended spouses must be present to instruct on the regime choice, sign the notarial document, and have their identity verified. An attorney cannot execute an ANC with one party present and a power of attorney from the other.

How long before the wedding should we start the process?

Allow at least two to four weeks between the first consultation and the wedding date. The draft must be reviewed by both parties, signed before the notary, and lodged at the Deeds Office within three months of execution — and the registration has to be in place before the marriage is solemnised.

What happens if we don’t register the ANC at the Deeds Office?

The contract remains valid between the two spouses (so the marriage would still be out of community of property as between them) but it does not bind third parties — creditors, purchasers, or other contracting parties dealing with one spouse can treat the marriage as in community of property until registration. Registration is what makes the regime choice effective against the outside world.

Does an ANC cover life partners or cohabitants?

No. South African law does not recognise common-law marriage, and an ANC is a matrimonial contract between intended spouses. Unmarried cohabitants (including same-sex couples) who want to record how their joint life is regulated need a separate cohabitation or universal partnership agreement, which Burger Huyser Attorneys also drafts through its Family Law Department.

Can we include accrual exclusions for a family business or expected inheritance?

Yes. The accrual system allows parties to specifically exclude assets from the accrual calculation — inheritances, donations, and certain personal damage awards are excluded by default, but the parties can also contractually exclude other assets by including them in the ANC. The drafting of these exclusions is precisely where attorney-supervised drafting matters, because poorly worded exclusions can be challenged on dissolution.

Engage Burger Huyser Attorneys’ Roodepoort Branch

If you are planning to marry and want to sign an antenuptial contract that protects both estates, contact Burger Huyser Attorneys’ Roodepoort branch on 011 668 0030 (after-hours 061 516 0091) or visit the office at 16 Galena Avenue, Helderkruin, Roodepoort, 1724. Both intended spouses attend a joint consultation at the Helderkruin office, after which the firm drafts the notarial ANC, arranges execution before a notary, and lodges the contract at the Deeds Office within the three-month registration window — well before the wedding date. Burger Huyser Attorneys is a multi-specialist firm with offices across Gauteng, holds a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”), and is named Best Family Law Firm 2024 (South Africa) by Lawyers Monthly Legal Awards 2024. Initial consultations at the Roodepoort branch are booked by phone; bring both parties’ ID documents and any prior marriage documentation to the first meeting.