F.A.Q

When must an antenuptial contract be signed?

The contract must be entered into/ signed before the marriage, The said contract must further be executed in front of two competent witnesses and attested by a notary before the marriage, Once executed the contract must be registered in the Deeds Office within 3 months of executing the contract and six months if signed outside the borders of South-Africa.


Can antenuptial contract be changed?

Once an antenuptial contract has been registered in the Deeds Office and confirmed by your marriage, it cannot be changed inter partes (between the parties) informally. The contract can only be amended if both spouses bring an application in the High Court in terms of section 21 of the Matrimonial Property Act of 1984. Before getting married the parties may change the contract.


What's the difference between Antenuptial and prenuptial agreement?

An Antenuptial contract is an agreement entered into between two parties prior to their marriage and is often referred to as a “prenuptial”. Upon entering into the agreement, the parties agree to exclude the system of Community of Property from their marriage.



What are the types of marriage contract?

There are 2 marriage contracts: community of property or an antenuptial agreement. If you choose to be married in community of property, your assets are shared equally. If you don't want your assets to be shared, you need to sign an antenuptial agreement before you get married.


How to calculate Accrual?

Determine the each estate’s accrual as follows:
  1. Draft a list of all the assets, such as immovable property, furniture, vehicles, pension interest, annuities, policies, investments, bank accounts and interests such as shares and loan accounts in companies/partnerships/trusts or any other form of business, etc. obtained during the marriage at the present day values.
  2. Deduct the assets that were excluded in the  Antenuptial Contract, as well as any other assets acquired by virtue of the possession, or former possession, of the excluded assets.
  3. Deduct inheritances, legacies or donations, as well as any other asset acquired by virtue of the possession, or former possession, of the inheritances, legacies or donations.
  4. Deduct any debts and liabilities.
  5. Deduct the commencement value, as stated in the Antenuptial Contract and adjusted by CPI.
  6. The net result will be the accrual in the estate.