Antenuptial Contracts (ANC) in South Africa: A Complete Guide
An Antenuptial Contract — usually shortened to ANC — is a legal contract signed before marriage that sets out the matrimonial property regime that will govern your marriage in South Africa. Without an ANC, you'll be married in community of property by default, meaning everything you and your spouse own (and owe) becomes a single joint estate. An ANC lets you choose otherwise: either "out of community of property without accrual" (full separation of estates) or "out of community of property with accrual" (separate estates during the marriage, with growth shared on dissolution). The ANC must be signed in front of a notary public before the wedding and registered at the Deeds Office within 3 months of signing. If you didn't register an ANC and want to change your marital regime after marriage, you need a High Court application — a costly and lengthy process. ANC copies are public records held by the Deeds Office and can be ordered any time.
The three matrimonial property regimes
South African marriage law recognises three matrimonial property regimes:
1. In community of property (the default)
If you marry without signing an ANC, you're automatically married in community of property. Everything either spouse owns at marriage joins a single joint estate. Everything either spouse acquires during the marriage joins the joint estate. Debts work the same way. On divorce or death, the joint estate is divided equally.
The advantages are simplicity and equal protection. The disadvantages are exposure: if one spouse runs a business that fails, the joint estate is exposed. If one spouse is sued, the joint estate is at risk. Most major financial decisions need spousal consent.
2. Out of community of property without accrual
Each spouse keeps their own separate estate. What you bring to the marriage stays yours. What you earn during the marriage stays yours. Debts stay separate. On divorce, each spouse leaves with what they own — no sharing of growth.
This regime fully separates the spouses' financial lives. It's straightforward but can be harsh on a spouse who didn't earn during the marriage (typically the spouse who managed the home or raised children) because that contribution doesn't translate into a share of the working spouse's accumulated assets.
3. Out of community of property with accrual
The default for an ANC in modern South African practice and the regime designed to address the unfairness of "without accrual" for a non-earning spouse.
How accrual works: at the start of the marriage, each spouse declares the value of their estate ("commencement value"). During the marriage, each spouse's estate stays separate — separate ownership, separate debts, separate financial decisions. On dissolution (divorce or death of one spouse), the spouse whose estate has grown less is entitled to half the difference between the two spouses' growth.
If both estates grew at the same rate, no claim. If one spouse's estate grew significantly more — typically the earning spouse — the other spouse has a claim to half the excess growth. Certain assets can be excluded from accrual by specifying them in the ANC: inheritances, donations, and assets identified as separate in the contract itself.
When to sign an ANC
Before the wedding. This is non-negotiable. An Antenuptial Contract is, by definition, signed before marriage. The notary must record the date, the contract must be signed by both parties and the notary, and the wedding must take place after.
The notary process. An ANC must be drafted and signed in the presence of a registered notary public — a specific category of attorney with notarial authority. The notary explains the implications, drafts the contract reflecting your choices, and witnesses signatures.
Registration at the Deeds Office. Within 3 months of signing, the notary lodges the ANC at the Deeds Office for registration. The Deeds Office records it in the Antenuptial Contract register and stamps the document. Registration is what makes the ANC legally enforceable against third parties — without it, the contract binds the spouses to each other but creditors and other third parties may treat the marriage as in community of property.
If the 3-month deadline is missed, registration is still possible but requires a High Court application — a much more expensive route. Don't miss the 3 months.
Cost of an ANC
As of 2026, typical attorney/notary fees for drafting and registering an ANC range from R2,000 to R6,000 depending on complexity and the notary. Standard ANCs sit at the lower end; ANCs with complex exclusions, business interests, foreign property, or detailed accrual exclusion lists sit higher. The Deeds Office registration fee itself is modest (a few hundred Rand).
Why you might need a copy of an existing ANC
Several common reasons people order copies of ANCs years after the original marriage:
Divorce proceedings. The ANC determines how matrimonial assets are divided. The divorce attorney needs a certified Marriage Contract copy for the court file.
Estate winding-up. When one spouse dies, the executor needs the ANC to determine which estate the deceased's assets belonged to. See the deceased estate process for the broader picture.
Buying property jointly. Conveyancers handling joint property purchases need to confirm the matrimonial regime to determine how the transfer is registered and who needs to sign what.
Bond applications. Banks reviewing a joint bond application or a sole bond application by a married applicant want to know the matrimonial regime to assess what consents are required and what's at risk.
Foreign property transactions. For South African residents buying or selling property abroad, the foreign jurisdiction may require proof of matrimonial regime — see also our foreign buyer's guide.
Loss of the original. Most spouses lose track of where they put their original ANC over the decades. The Deeds Office has the registered copy.
How to get a copy of an ANC
An ANC is held at the Deeds Office where it was registered. As of 2026, an informational Marriage Contract copy costs around R640 and is delivered within 1 working day if the document is digitally available, longer from physical archives. A certified copy under Section 66 costs around R995 and is required for court matters, estate winding-up, and any formal legal use.
You need the spouses' full names and ID numbers, the date and place of marriage, and ideally the date and registry of the ANC if known. If you only have the spouses' names and ID numbers, the search can usually still locate the contract.
Changing your matrimonial regime after marriage
If you married in community of property and now want to be out of community, or vice versa, you need a Section 21 application under the Matrimonial Property Act 88 of 1984 — a High Court application to amend the matrimonial regime. The application requires both spouses' consent, no prejudice to creditors, and the court's approval. Typical cost: R30,000-R80,000 in legal fees and several months of process.
This is one of the main reasons to think carefully about the ANC choice before the wedding. Changing afterwards is expensive and slow.
Frequently asked questions
Do I need an ANC if I have nothing to my name when I get married?
The point of an ANC isn't only about what you own today — it's about what you and your spouse may own in the future. If you marry without an ANC and one of you starts a business or accumulates assets during the marriage, those become joint assets. Many couples sign an ANC even when both start with little, as a forward-looking choice.
What's the difference between with accrual and without accrual?
Without accrual: complete separation, no sharing of growth. Each spouse leaves the marriage with what they own, regardless of how the estates have grown. With accrual: separation during the marriage, but the spouse whose estate has grown less can claim half the difference in growth on dissolution.
Can we sign an ANC after we're already married?
Not directly. An ANC is by definition signed before marriage. After marriage, changing the matrimonial regime requires a Section 21 High Court application. This is significantly more expensive than signing an ANC before the wedding.
How long does ANC registration at the Deeds Office take?
The notary lodges the ANC at the Deeds Office, where it's recorded and stamped. Registration typically takes 2-6 weeks from lodgement, depending on the registry. The 3-month deadline runs from signing the contract, not from registration completing — so as long as the notary lodges within 3 months, you're compliant even if the registration itself runs into the third month.
My spouse and I are both foreign nationals marrying in South Africa. Do we need an ANC?
An ANC is governed by South African law and applies to the matrimonial regime as far as South African law is concerned. If you intend to live in South Africa or hold South African assets, an ANC may still be valuable. Foreign jurisdictions handle the cross-border recognition of matrimonial regimes differently — consult a notary familiar with international matrimonial law.