How Much is a Prenup in South Africa?

A basic antenuptial contract (ANC) in South Africa — the document commonly called a “prenup” — typically costs between R1,500 and R3,000 in total once notary execution and Deeds Office registration fees are included, with attorney-drafted ANCs ranging from R3,000 to R15,000+ depending on complexity. A straight “without accrual” contract sits at the cheapest end; adding accrual, foreign-property clauses, or bespoke provisions pushes the fee materially higher. The contract must be signed before a notary public before the wedding, and lodged at a Deeds Office within three months of the marriage for the chosen regime to take effect — missing the window defaults the marriage to in community of property. Burger Huyser Attorneys’ Family Law team drafts and coordinates the notarial execution of ANCs for Gauteng couples.

What a Prenup Actually Is in South African Law

In South Africa, a “prenup” is an antenuptial contract (ANC) — a written agreement signed by both parties before marriage recording the matrimonial property regime. The framework is the Matrimonial Property Act 88 of 1984, which sets out three regimes:

• Marriage in community of property — the default if no ANC is signed; both estates merge into one joint estate.
• Out of community of property without accrual — each spouse keeps their estate entirely separate.
• Out of community of property with accrual — estates stay separate during the marriage, but the net accrual (growth) in each is shared equally on dissolution by death or divorce.

The ANC must be executed before a notary public before the wedding — notarial execution is not optional. After the marriage, the contract must be registered at a Deeds Office within three months for the regime to bind third parties and appear on the marriage record. These two formalities sit alongside the drafting fee in the “all-in” cost.

What Drives the Cost of an ANC

Total cost is built from fixed statutory fees (notary professional fee, Deeds Office registration fee) plus the attorney’s drafting time — and drafting time scales with what the contract has to cover:

Cost Driver	Why It Affects the Price
With or without accrual	A straight “without accrual” ANC is cheapest; a full “with accrual” ANC includes the accrual system wording and is more substantive to draft.
Foreign property or assets	Offshore assets typically require foreign-law clauses and valuation considerations.
Previous marriages / prior spouses	The ANC has to interact with existing obligations and may need additional protective clauses.
Existing companies or trusts	Additional drafting around trust/company-share treatment may be required.
Court application under section 21(1)	A post-marriage change requires a High Court application, notice to creditors, and a court order — materially more than a pre-marriage ANC.
Notary and Deeds Office fees	Fixed-by-fee-schedule costs on top of attorney drafting fees.
Urgency	Tight pre-wedding timelines usually increase attorney fee load.

Burger Huyser’s Family Law department — headed by Director Anna-Mi Nel in Sandton — handles both ends of this range, with quotes prepared on a per-file basis after intake.

Typical Cost Ranges for an ANC in South Africa

The figures below are general SA-market brackets.

ANC Type	Typical Drafting Fee	Notes
Entry-level “without accrual,” basic	R1,500–R3,000 all-inclusive	Covers drafting, notary execution, and Deeds Office registration.
Attorney-drafted ANC with accrual	R3,000–R8,000 drafting	Plus notary execution and Deeds Office registration on top.
Bespoke ANC (foreign property, prior marriages, shares)	R8,000–R15,000+	Depends on complexity and turnaround.
Post-marriage change under section 21(1)	R20,000–R60,000+	Court application, publication, counsel fees.

Notary professional fees and Deeds Office registration fees are set by the statutory fee schedule under the Deeds Registries Act 47 of 1937 and apply on top of attorney drafting fees — non-negotiable in scope, even though the specific amounts are updated periodically.

The Three-Month Deeds Office Filing Rule

After both parties have signed before a notary and the marriage has taken place, the contract must be lodged at the Deeds Office within three months of the date of marriage for the chosen regime to be registered.

Couples who missed the window still have a route back, but it is expensive and discretionary: a High Court application under section 21(1) of the Matrimonial Property Act, notice to creditors, and a court order. The court must be satisfied there are sound reasons and no one will be prejudiced. Registration in any one deeds registry is effective for the whole Republic.

Step-by-Step: How the ANC Process Works in Practice

1. Pre-marriage consultation and instruction. Both parties meet with an attorney (typically together) to agree the regime.
2. Drafting. The attorney drafts the ANC, including the accrual wording if applicable, asset schedules, and any bespoke clauses.
3. Notarial execution. Both parties sign the ANC before a notary public before the marriage; the notary certifies the signatures.
4. Marriage. The couple proceeds with the civil marriage or marriage officer’s ceremony.
5. Lodgement at the Deeds Office. Within three months of the marriage date, the contract is lodged for registration.
6. Confirmation and filing. The Deeds Office issues the registered ANC; certified copies are released to the parties.

“Without Accrual” vs “With Accrual” — What the Difference Means for the Fee

The choice between without accrual and with accrual is usually the single biggest driver of the drafting fee:

Regime	How It Works	Drafting Impact
Without accrual	Spouses keep their estates entirely separate, during the marriage and on its dissolution.	Simplest regime; cheapest to draft.
With accrual	Estates stay separate during the marriage, but the net accrual in each is shared equally on dissolution.	More substantive drafting, valuations at marriage and at dissolution; the most common regime for non-wealthy couples who want protection from the in-community default.

Where only one party has a substantially larger estate at marriage, the cost calculus for accrual is weighed against the eventual sharing of growth. Burger Huyser’s intake covers this trade-off.

Frequently Asked Questions

How much does a basic prenup (antenuptial contract) cost in South Africa?

A basic “without accrual” ANC typically costs around R1,500–R3,000 in total once notary execution and Deeds Office registration fees are added in. Entry-level SA market fees sit around R1,950 all-inclusive. Attorney-drafted ANCs with accrual or bespoke clauses run higher.

Why do some prenup services advertise R1,950 and others charge much more?

The R1,950 bracket typically covers a basic “without accrual” template draft, with notary and Deeds Office registration included. Higher quotes reflect attorney drafting, the inclusion of accrual, and complexity such as foreign property, prior marriages, or existing companies and trusts.

How long do we have to register the prenup after the wedding?

Three months from the date of marriage. The contract must be lodged at the Deeds Office within this window for the chosen regime to be reflected on the marriage record. Missing the deadline defaults the marriage to in community of property.

Can we get married first and then sign a prenup?

Yes — but it is materially more expensive and discretionary. A post-marriage change requires a High Court application under section 21(1) of the Matrimonial Property Act, with notice to creditors and a court order. The court must be satisfied that there are sound reasons and no one will be prejudiced.

Do we have to use a specific notary, or can any notary do it?

Any notary public in South Africa can execute an ANC. The Deeds Office where the contract is lodged after the marriage is the one with jurisdiction over the marriage record.

What documents does the attorney need to draft the ANC?

FICA-compliant IDs for both parties, full names, the proposed date of marriage, the regime being selected, and any bespoke clauses. Where foreign property, prior marriages, or company shares are involved, supporting documents (asset schedules, prior divorce orders, company registration certificates) are also needed.

Does a South African prenup cover inheritance and succession?

No. The ANC sets the matrimonial property regime, but succession on death is covered by a separate will. Couples wanting both should draft an ANC and a will in parallel.

Planning a wedding and need an antenuptial contract? The Family Law team at Burger Huyser Attorneys handles the full ANC process — drafting, notarial execution, and lodgement at the Deeds Office within the three-month registration window. Initial consultations are available at Linden (011 888 0246, after-hours 061 516 6878), Bedfordview (011 201 7190), Sandton (011 253 3080), Centurion (012 644 4990), and Pretoria (012 471 5700). Fees are quoted per file; they depend on whether the contract includes accrual, foreign property, prior marriages, or other complex provisions. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified).