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When should we draft an Ante Nuptial Agreement?
02 December 2019  | Gerda Janse van Rensburg

The romantic date has been set. She said: yes!  Now what? 

Except for all the arrangements for dresses, flowers, venues and guests, there is one decision that will remain with you for the rest of your marriage.

The choice of whether you are getting married IN or OUT of community of property.

There are several articles in this regard on our website, and you are encouraged to read it before your big day.


If you want to get married out of community of property you have to conclude an Antenuptial agreement BEFORE the marriage.    We have drafted contracts for persons on the morning of the marriage, as long as it is signed before the ceremony.

The drafting of this agreement is done by a NOTARY (public) and signed in the presence of both spouses-to-be, and two witnesses. 

A notary is an attorney who has written an extra examination and is therefor qualified to draft your ANC.  Ensure that your ANC is drafted by a qualified person, who will take responsibility for your important document. 

This agreement must then be registered in the deeds office, within three months of execution.

So what to do, if you forget and this agreement is not drafted?

There is an option to draft a POST nuptual agreement, but this is a very costly option, and needs to be done in the High court of the province where you are residing.


So, when drafting your TO-DO list for the I-DO day – remember to add the consultation and drafting of the ANC to your list.  It is important and needs to be done.


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Tags: Marriage