Marriage is not only a romantic and emotional commitment but also a legal and financial partnership. In South Africa, one of the most important legal decisions a couple can make before tying the knot is whether to enter into an Ante-Nuptial Contract. This legal agreement has significant implications for both parties during the marriage and in the event of divorce or death.

An Ante-Nuptial Contract, often abbreviated as ANC, is a legal contract entered into by two people before marriage that governs the financial and property consequences of their marriage union. It must be signed before the wedding and registered within three months at the Deeds Office.

In South African law, marriages can be entered into:

• In community of property (default if no ANC is signed),
• Out of community of property without accrual, or
• Out of community of property with accrual.

The ANC determines which marital regime will apply.

Marriage in Community of Property (Default Regime)

If a couple does not sign an ANC, they are automatically married in community of property. Meaning that all assets and liabilities of both spouses, whether acquired before or during the marriage, become part of a joint estate and therefore each spouse owns 50% of the combined estate. This includes debts – one spouse can be held liable for the other's financial obligations.

Marriage Out of Community of Property

Couples can choose to exclude the community of property system by signing an Ante-Nuptial Contract. This allows them to remain financially separate. There are two variations:

1. Without Accrual System

This regime completely separates each spouse's assets and liabilities during and after the marriage.

2. With Accrual System

This is the most commonly chosen marital regime among South Africans signing an ANC. Each spouse keeps their own estate, but shares in the growth (accrual) of their estates during the marriage.

How It Works:

• Assets owned before the marriage are excluded (unless specifically included).
• During the marriage, each spouse builds their own estate.
• On dissolution of the marriage (death or divorce), the spouse whose estate has grown less is entitled to half of the difference in growth between the two estates.

How to Register an Ante-Nuptial Contract

1. Consult a Notary Public – Only a qualified notary can draft and authenticate an ANC.
2. Sign Before the Wedding – The ANC must be signed before the marriage.
3. Register Within 3 Months – The notary must lodge the contract with the Deeds Office within three months of signature.

Failing to register on time can result in the marriage being treated as in community of property unless a court orders otherwise.

An ANC is important as it clarifies financial rights and responsibilities, protects personal and business assets, prevents disputes in case of divorce or death and it allows for tailored financial planning based on the couple’s circumstances.

An Ante-Nuptial Contract is more than just a legal formality, it is a vital financial planning tool that provides clarity, protection and peace of mind. Couples in South Africa are strongly encouraged to discuss their marital regime with a legal professional before marriage and choose the arrangement that best aligns with their values and future goals.