you have chosen the girl, she has said YES!, but what about the Antenuptial
Firstly, it is important to remember that you are automatically married in
community of property, except when you sign an ANC to change the system which
will be used to govern your marriage. If
you therefor don’t want to be married IN community of property you have to sign
and register an ANC.
It’s important that both of you consult the lawyer who is drawing up the ANC
– because both parties need to be fully aware of the consequences of the
Here are some requirements on the registration of an ANC:
contract must be legal and enforeceable.
a minor child cannot sign an ANC without the written consent of their parent or guardian, OR
- you cannot agree in your ANC that, should your wife have an extramarital affair, she will lose all contact with the children out of the marriage.
- The lawyer must be a registered notary and the contract needs to be registered in a Deeds office of South Africa. ASK before you make an appointment with the lawyer and make sure that you are assisted by a qualified and competent notary.
contract must also be signed BEFORE
the wedding ceremony, but does not have to be registered before the wedding.
The notary will issue you with a certificate that you will be able to use as
proof for the marriage officer.
contract must also be registered within three months of execution (signing) thereof
in one of the Deeds Offices in the country.
finally, if you didn’t draw up an ANC, and realise you probably should have,
you can convert from community of property to an ANC after marriage. It’s much more
expensive, and you do have to advertise so your creditors can object, but it’s
possible, and a good lawyer should be able to guide you through the process.
Even though she has said YES and she is wearing your ring, you have to start
this important new chapter by gaining enough information about ANC’s and
whether it is something that you need to sign and register.