Basic overview of Ante-Nuptial Contracts

01 November 2023 ,  André Styger 343

In South Africa, an ante-nuptial contract (ANC) can be registered to determine how the assets and liabilities of spouses will be divided in the event of divorce or death. Here's the process for getting your ante-nuptial contract registered in South Africa

1. Consult with a Notary:

It is important that you go and consult with a notary (a specialised attorney) as a notary is responsible for drafting, executing and ensuring registration of the ANC.

2. Choose the Type of ANC:

There are two types of ante-nuptial contracts in South Africa:

a. Ante-Nuptial Contract with Accrual.

b. Ante-Nuptial Contract without Accrual.

3. Draft the Contract:

The Notary will draft the ANC.

4. Sign the Contract:

Both parties (the prospective spouses) need to sign the ante-nuptial contract in front of a notary public in the presence of two witnesses.

5. Execute the Contract:

The Notary executes the contract by signing it and affixing their stamp/emboss.

6. Register the Contract:

The ANC is sent to the Deed’s Office where it is registered by the Registrar of Deed’s.

7. Pay Registration Fees:

There will be registration fees associated with registering the ante-nuptial contract.

8. Collect the Original from your Notary:

The Deed’s Office will send the original ANC to your Notary from whom you should collect it and place it in safe-keeping.