A Guide to Out of Community of Property in South Africa
When couples in South Africa choose to marry out of community of property, they’re making a powerful legal decision to keep their finances and assets separate during the marriage. This option is made possible through an Antenuptial Contract (ANC), which must be signed before marriage.
At Burger Huyser Attorneys, we help individuals and couples understand the legal implications of marrying out of community of property and expertly draft legally compliant antenuptial contracts that offer clarity, control, and peace of mind.
Benefits of Marrying Out of Community of Property
Marrying out of community of property means that each spouse retains ownership of the assets and debts they had before and acquire during the marriage. It ensures that each partner remains financially independent and protected from the liabilities of the other.
Key Benefits of This Marital Regime:
- Asset protection: Personal and business assets remain untouched by your spouse’s creditors.
- Financial independence: Each person maintains full control over their estate.
- Simplified divorce process: There’s no need to divide combined assets if the marriage ends.
- Freedom of contract: With or without accrual, you can tailor the agreement to suit your needs.
Burger Huyser Attorneys provides expert legal advice to ensure you select the correct option—with accrual or without—based on your unique financial circumstances and goals.
How Burger Huyser Attorneys Assists You With Antenuptial Contracts
Our legal team at Burger Huyser Attorneys offers specialised services to help you draft, review, and register an antenuptial contract that supports your decision to marry out of community of property. Our services include:
- One-on-one legal consultations
- Drafting tailored ANC agreements (with or without accrual)
- Guidance on property regimes and implications
- Registration of contracts with the Deeds Office
We’re committed to making the process easy to understand and legally sound, helping you make confident decisions about your financial future.
Secure Your Future With the Right Legal Advice
If you’re planning to get married and want to protect your financial independence, an out of community of property marriage may be the right choice. Let Burger Huyser Attorneys guide you through every step—from consultation to contract registration.
Contact us today to book your consultation and ensure your future is secured with a legally binding antenuptial agreement tailored to your needs.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
