An antenuptial contract is an agreement entered into before marriage. It sets the property system that will apply between the spouses. For many civil marriages in South Africa, the default position is marriage in community of property unless the couple concludes an antenuptial contract that provides otherwise.
The contract has to be drafted and signed correctly, and registration requirements apply. Those requirements should be completed before the marriage. The exact timing depends on the rules in force and on the couple’s dates, so it is not stated as a fixed period on this page.
How Tsotetsi Attorneys can assist
- Advice, before marriage, on the property consequences in general terms
- Drafting the contract to match the couple’s instructions
- Explaining how the contract must be executed
- Guidance on the registration step
- A review of the draft before it is signed
The property system chosen before marriage can matter later, including if the marriage ends. Divorce is a separate process.
What to expect
Every matter is different. The steps below are a general outline, not a fixed process for every case.
- Consultation before the marriage
- Instructions on the property system the couple wants
- Drafting of the contract
- Explanation of signing and registration
- Completion of those steps before the marriage