When planning a wedding, most couples focus on venues, dresses, and guest lists. Yet, one of the most important decisions they will ever make in their entire life together often gets overlooked, and that is choosing their marital property system.

Parties can choose to get married out of community property with or without the accrual system, or they can choose to get married in community of property. However, you cannot wake up one day after getting married and you decide to sign an Antenuptial Contract (ANC). If you marry without signing an ANC, you are automatically married in community of property. This means all assets and debts are shared equally and one spouses financial risks becomes the other spouse’s problem.

To avoid this, couples must sign an ANC that allows them to choose a matrimonial system of out of community of property, either with accrual (sharing the growth of estates fairly) or without accrual (complete separation of assets). However, what you need to do is that you must make the decision before the wedding, if you observe traditional practices such as Lobola, you must make the decision before both families meet and a bridal price is paid.

Once the decision is made, the law requires that an ANC must be signed before the marriage ceremony. If you fail to do so, your marriage defaults to in community of property. Therefore, a late contract concluded after the wedding ceremony can only be rectified through a costly High Court application.

Moreover, an ANC is not just a private agreement, it is prescribed that such an agreement must be drafted and executed in the presence of a Notary Public and the notary ensures that both parties understand the consequences of the contract and the document is properly signed and attested.

Once all of the signing is properly executed, the notary must register the ANC within 3 months at the Deeds Office because registration gives the contract legal force against third parties, such as both parties creditors.

In conclusion, an ANC should be viewed as more than a legal formality, it is a tool used to provide financial protection and peace of mind. By signing one correctly, couples gain financial clarity in their marriage. The golden rule is to sign and register the ANC before the wedding.