Why every couple needs an Antenuptial Contract

Posted in by Derone Sookraj & Shanyce Singh

Bride and groom's palms up holding wedding rings
CONWAY PHOTO & FILM

Protecting your independence, assets and shared future

When planning a wedding, flowers, food, and fashion usually take centre stage. But before you walk down the aisle, there’s one essential detail you shouldn’t overlook: your Antenuptial Contract (ANC).

Far from being a sign of mistrust, an ANC is an important legal agreement that protects both partners and lays the groundwork for a fair, secure future. Every marriage will eventually be dissolved—either by death or divorce—so having a plan in place ensures clarity, financial freedom, and peace of mind.

Why an ANC matters

Without an ANC, your marriage automatically defaults to in community of property, meaning everything you own (and owe) becomes shared equally. While this may sound romantic, it can leave you both vulnerable to each other’s debts and limit your financial independence.

An ANC, on the other hand, allows you to decide upfront how your assets and debts will be handled, ensuring you both have the freedom to manage your own finances while still building a life together. It also protects family assets, such as a marital home, from being exposed to business risks or creditors.

Your two ANC options: WITH or WITHOUT accrual

When you enter into an ANC, you can choose whether to include or exclude the accrual system.

  1. ANC without accrual

  • Each spouse retains full control over their own assets and debts, before and during the marriage.
  • This option is often chosen when one or both partners have significant pre-marital assets, or where business interests need to be protected.
  • It also offers protection where there are children from previous relationships.
  • However, it may not feel fair in marriages with very different earning potentials or where one partner contributes primarily through non-financial support.

 

  1. ANC with accrual

  • Each spouse maintains a separate estate during the marriage but shares in the growth at the end of the marriage.
  • The partner with the smaller accrual can claim half the difference between the two estates, ensuring a fairer distribution of wealth.
  • This system promotes financial equality, recognising both monetary and non-monetary contributions.
  • The main drawback is that disputes can arise if financial records aren’t properly maintained.

Timing is everything

For an ANC to be valid, it must be drafted and executed by a Notary Public before your wedding day, and registered at the Deeds Office within 3 months from the date on which it was executed. If you miss this deadline, your marriage will automatically fall into community of property. Changing it afterwards is costly, time-consuming, and requires a court application.

An ANC isn’t about planning for separation—it’s about creating a secure foundation for the future you’re building together. With the right legal advice, you can enter marriage with confidence, knowing you’ve safeguarded your independence, your assets, and your shared dreams.

Bride signing marriage contract with groom standing behind her
THE KEEPERS MEDIA

Don't leave it too late

Your Antenuptial Contract must be signed before your wedding and registered with the Deeds Office within 3 months from the date on which it was executed. If not, you’ll automatically be married in community of property—and fixing it later requires a costly court process.

 

Remember your Will

Marriage is a major life change. Updating your Will ensures your spouse is included in your estate and avoids complications in the event of the unexpected.

If you would like to book a consultation with PGPS Law to help draft your ANC and Will, you can email us at OM@pgpslaw.co.za or visit our website https://pgpslaw.co.za/