Marriage is not just a union of hearts – it’s also a legal contract with significant financial implications. While planning a wedding , many couples overlook the importance of planning their financial futures. In South Africa, one of the most critical legal tools to achieve this is the ante-nuptial contract (ANC), also known as a prenuptial agreement.

Whether you’re protecting individual assets, setting clear terms on shared property, or shielding yourself from partner’s debts, an (ANC) can  be the key to ensuring financial security within a marriage. In this article, we’ll unpack why an ANC is crucial, how it works and what South African law says about it.

What is an Ante-Nuptial Contract?

An (ANC) is a legal agreement entered into by a couple before marriage setting out how their assets, liabilities, and financial affairs will be handled during the marriage and in the event of divorce or death.

When drafting an (ANC), couples have two primary options:

Out of Community of Property without the Accrual:

 In this regime, each spouse’s assets and liabilities remain separate, both before and during the marriage. This means that upon divorce or death, each spouse retains their own estate without sharing the growth or losses of the other’s wealth. This option provides the highest level of financial independence but however does not allow for sharing of assets acquired during the marriage , which may leave one spouse vulnerable, particularly in long marriages where one partner may have contributed indirectly to the other’s wealth.

Out of Community of Property with Accrual:

This is a more popular and balanced option. Under this system, the assets that each spouse brings into the marriage remain their own. However, any wealth generated during the marriage is shared. This way both spouses benefit from the financial growth of the marriage while protecting pre-marital assets.

Signing an Ante -Nuptial Contract is a smart, forward-thinking move and also much easier than you think. Simply have it drawn up with one of our Attorneys and registered by the deeds office within 3 months of signature, and you’re covered. It’s a small step now that can save you many headaches later.  Just ensure that you sign the ANC before the wedding.

So, before you tie the knot, take a moment to secure your financial future. An (ANC) isn’t about love – it’s about protection, fairness and peace of mind.