When Should an Antenuptial Contract Be Executed?

An antenuptial contract (“ANC”) in South Africa must be signed in duplicate by both intended spouses and a notary public before the marriage takes place, then registered at the Deeds Office in the area where the parties reside within three months of the date of the marriage under section 87 of the Deeds Registries Act 47 of 1937. An ANC signed after the wedding is invalid as an antenuptial contract; the only post-marriage remedy is a joint application to the High Court under section 21(1) of the Matrimonial Property Act 88 of 1984, which may only be brought once at least two years of marriage have passed and requires a substantive court order. In practice, notaries ask engaged couples to start the ANC process at least six to eight weeks before the wedding to allow for drafting, independent legal advice for each party, notarial execution and Deeds Office lodgement within the statutory window.

The Short Answer: Before the Marriage, Not After

An antenuptial contract is, by definition, a contract concluded before the marriage — the term antenuptial means “before the wedding”. Once a couple is already married, no document can validly be an antenuptial contract; the post-marriage alternative is a postnuptial contract, which requires a High Court application and is not a guaranteed remedy.

The default marital regime in South Africa for marriages solemnised after 1 November 1984 is in community of property if no valid ANC is in place — meaning a single joint estate with all pre-marital and post-marital assets merged, shared debts, and a 50/50 division on divorce. Couples who want out of community of property (with or without accrual) must execute a valid ANC before the wedding and have it registered at the Deeds Office in time.

The Statutory Framework: Three Acts That Set the Timing

The timing of an ANC is governed by three South African statutes working together:

Statute	What it sets	Key provision for ANC timing
Marriage Act 25 of 1961	Solemnisation and registration of marriages in South Africa	Sets the framework for the date of the marriage, from which the Deeds Office registration clock runs.
Matrimonial Property Act 88 of 1984	The three matrimonial property regimes (in community, out of community with accrual, out of community without accrual) and the procedure for changing the regime after marriage	Section 21(1) — the post-marriage remedy (postnuptial contract) via a joint High Court application after at least two years of marriage.
Deeds Registries Act 47 of 1937	Practical lodgement and registration of ANCs at the Deeds Office, including late-registration condonation	Section 87 — the three-month post-marriage registration window and the rule that an unregistered ANC has no force or effect against third parties.

The Notaries’ Profession Act also applies: only an admitted attorney who is a notary public may execute the contract, and both intended spouses must appear before the notary in person.

The Recommended Timeline: Six to Eight Weeks Before the Wedding

The law does not fix a minimum lead time — a same-week execution is technically possible — but in practice notaries ask engaged couples to allow six to eight weeks so that drafting, independent legal advice, signing and lodgement all fit comfortably inside the statutory window. A typical file runs as follows:

1. 8+ weeks before the wedding — initial consultation with the notary; confirmation of the intended regime (with accrual, without accrual, or community of property); and identification of any complex elements (second marriage, prior children, family business, foreign assets, anticipated inheritance).
2. 6 weeks before — draft ANC circulated to each party for independent legal advice; each party should see a different attorney or the same attorney in separate consultations to confirm they understand the consequences of the chosen regime.
3. 4 weeks before — signing appointment: both parties appear before the notary, the contract is signed in duplicate, the notary attests, and the original is held for lodgement.
4. Wedding day — the marriage takes place; the statutory three-month registration clock starts running.
5. Within 3 months of the marriage — the notary lodges the ANC at the Deeds Office in the area where the parties reside, the Deeds Office registers it, and the parties receive a copy of the registered contract.

A same-week execution is technically possible (notaries do it), but it leaves no margin if a party changes their mind, an error surfaces in the draft, or the Deeds Office is slow. Couples with straightforward files (first marriage, both South African citizens, no prior assets, no children from prior relationships) can compress the timeline more safely; everyone else should budget the full six to eight weeks.

The Notarial Execution Step: Why It Has to Be a Notary

An ANC must be executed by an attorney who is also admitted as a notary public — this is a statutory requirement, not a convention. The notary’s role is to confirm identity, confirm that each party understands the consequences of the chosen regime, and attest the signatures. Both intended spouses must appear before the notary in person; there is no signed-in-advance execution, because the notarial act is the attestation of the parties’ signatures in the notary’s presence.

Most South African notaries charge a single all-inclusive fee for a routine ANC (notarisation plus Deeds Office lodgement). Complex drafts involving second marriages, family businesses or foreign assets are quoted separately because the drafting hours and supporting documentation are higher. An all-inclusive DIY-notary service is advertised in the broader ANC market at around R1,950; full-attorney drafting and independent legal advice on top of notarial execution is higher and varies with complexity. Burger Huyser Attorneys quotes on a per-file basis after an initial consultation.

The Deeds Office Registration Step: What Happens in the Three Months

After notarial execution, the original ANC is lodged at the Deeds Office in the area where the parties are ordinarily resident. The Deeds Office checks the document against the Deeds Registries Act framework, registers it, and returns a registered copy to the parties. A prescribed Deeds Office fee is payable on lodgement, in addition to the notary’s fee.

Once registered, the ANC binds third parties — banks, creditors, and the Master of the High Court on death. Until registration, it is a private agreement between the parties only. If the parties live in different registration districts, the practice is to lodge at the Deeds Office where the parties intend to be ordinarily resident after the wedding, and the notary confirms this at execution.

What Happens If the ANC Is Signed After the Wedding

An ANC signed after the marriage is not an antenuptial contract at all — it has no legal effect as one. The only remedy is a postnuptial contract, which requires a joint application to the High Court under section 21(1) of the Matrimonial Property Act 88 of 1984.

The court must be satisfied that there are sound reasons for the change, that at least two years of marriage have passed, and that no third party (existing creditors in particular) will be prejudiced by the change. Section 21 applications are substantive motions, not a routine formality — they are decided case by case, and there is no guarantee of an order. The General Laws (Family Matters) Amendment Bill, 2025, announced by Minister Mmaboloko Kubayi, is the proposed vehicle to amend the regime-change framework, including the Divorce Act and the Matrimonial Property Act; until the Bill is passed, the current section 21 procedure applies.

What Happens If the ANC Is Not Registered Within the Three-Month Window

Under section 87 of the Deeds Registries Act 47 of 1937, an ANC not registered within three months of the marriage has no force or effect against any person who is not a party to the marriage. Practically:

• Banks may refuse to recognise the contract for purposes of bond applications or joint accounts.
• Creditors of one spouse can claim against the joint estate.
• The Master of the High Court on death will treat the estate as in community of property.

Late registration is not automatic — a court application for condonation is required, with notice to the Registrar of Deeds in the relevant area. The condonation application is materially more expensive and time-consuming than getting registration right in the first place, and it is a discretionary remedy, not a guaranteed one. The South African courts have applied this rule in cases such as LNM v MMM [2021] ZAGPJHC 563, confirming that an out-of-time or out-of-sequence antenuptial contract cannot simply be slotted back into the registration system.

Factors That Push the Timeline Further Out

Several common situations require more than the standard six-to-eight-week lead time:

• Second marriages with prior children, prior antenuptial contracts, or existing maintenance obligations require careful drafting to address existing obligations.
• Family businesses, trusts or anticipated inheritances need to be addressed in the contract (excluded from accrual, ring-fenced, or expressly included) and require time to value and document.
• Foreign nationals marrying in South Africa may need to confirm whether their home jurisdiction will recognise the SA ANC, and the notary may need additional documents (passport, apostilled qualifications).
• Blended families with children from prior relationships often need a will drafted alongside the ANC, since the ANC changes the default inheritance position.

A same-day, walk-in ANC is possible only for the simplest cases (first marriage, both parties South African citizens, no prior assets, no children from prior relationships). Burger Huyser Attorneys’ Family Law team regularly drafts and executes ANCs across all Gauteng branches (Linden, Sandton, Roodepoort, Bedfordview, Alberton, Pretoria, Centurion and Midrand), and the team flags complexity early so that the timeline matches the file rather than the wedding date.

Frequently Asked Questions

When exactly should an antenuptial contract be signed — how long before the wedding?

Notaries ask couples to start the ANC process at least six to eight weeks before the wedding. The contract must be signed and notarised before the marriage takes place — an ANC signed after the wedding is invalid as an antenuptial contract. The remaining three-month window is for Deeds Office registration, which the notary handles after the wedding.

Can I sign an antenuptial contract after we are already married?

No. An antenuptial contract is, by definition, a contract concluded before the marriage. If you are already married, the only remedy is a postnuptial contract via a joint High Court application under section 21(1) of the Matrimonial Property Act 88 of 1984, which may only be brought after two years of marriage and requires a substantive court order — there is no guarantee it will be granted.

How long do I have to register the antenuptial contract at the Deeds Office?

Under section 87 of the Deeds Registries Act 47 of 1937, an ANC must be registered at the Deeds Office in the area where the parties reside within three months of the date of the marriage. If it is not registered in that window, it has no force or effect against third parties (banks, creditors, the Master of the High Court) until late registration is condoned by the High Court.

Do I need a notary to execute an antenuptial contract?

Yes. Under the Notaries’ Profession Act, an ANC must be executed by an admitted attorney who is also a notary public. Both intended spouses must appear before the notary in person — the notarial act is the attestation of the parties’ signatures, and the notary confirms identity and that each party understands the consequences of the chosen regime.

What happens if the antenuptial contract is not registered at the Deeds Office in time?

Under section 87 of the Deeds Registries Act 47 of 1937, an unregistered ANC is of no force or effect against any person who is not a party to the marriage. Practically, that means banks may refuse to recognise the contract, creditors of one spouse may claim against the joint estate, and the Master of the High Court will treat the estate as in community of property on death. Late registration is only possible by a court application for condonation, which is a discretionary remedy.

Can I change my matrimonial property regime after the wedding?

Yes, but only via a joint application to the High Court under section 21(1) of the Matrimonial Property Act 88 of 1984, and only after at least two years of marriage. The court must be satisfied that there are sound reasons for the change and that no third party will be prejudiced. It is a substantive motion, not a routine amendment.

If you are engaged and want an antenuptial contract drafted, executed and lodged at the Deeds Office before your wedding, Burger Huyser Attorneys’ Family Law team can take you through the regime choice, attend to independent legal advice for both parties, execute the contract through an admitted notary, and lodge it within the three-month statutory window. The firm has notaries on staff and branches across Gauteng (Linden, Sandton, Roodepoort, Bedfordview, Alberton, Pretoria, Centurion and Midrand) — call the Randburg head office on 011 888 0246 or your nearest branch to book a first consultation at least six to eight weeks before the wedding, and bring your ID documents, prior marriage details (if applicable) and a list of pre-marital assets either party wants expressly addressed in the contract.