Why have an Antenuptial contract? An ANC includes rules regarding liability during the subsistence of the marriage to protect the spouses from one another’s creditors and allows each spouse independence.

What is an Antenuptial contract? An ANC is a legally binding contract entered into by a couple prior to their marriage.

Does this have to be done before marriage? Yes as the name indicates, it is a contract which must be concluded BEFORE (ante) marriage. The procedure of implementing a contract after marriage is a lengthy and costly application to the High Court.

Their are 3 contract types:

1) Out of community of property with accrual (no exclusions): We want to share everything (What’s mine is yours; what’s yours is mine)

2) Out of community of property with accrual (some exclusions): We want to share some things (What we build up during the marriage is ours; what I had before is mine and what you had before is yours)

3) Out of community of property NO accrual: We want to share nothing (What mine is mine; what’s yours is yours)

What happens if one of the spouses does not live in South Africa? If one spouse deems South Africa to be their permanent residence, then the marriage may be concluded under South African law. If neither party lives in South Africa, then the laws of South Africa do not apply to them and they cannot be married under South African law.

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