Written By: Visser Vermaak Inc.
When planning your wedding, you may hear that you need an attorney for your antenuptial contract (ANC). While this is partly true, it is important to understand a key distinction in South African law: not every attorney is a notary, but every notary is an admitted attorney with additional qualifications.
An attorney is a legal practitioner qualified to provide general legal advice, draft agreements, and represent clients. An Notary Public, however, is an attorney who has passed an additional notarial examination and is specifically authorised to draft, attest, and register certain specialised legal documents—including ante-nuptial contracts.
This distinction matters because an ANC is not just a standard agreement. It is a formal notarial contract that must meet strict legal requirements to be valid and enforceable.
Why must a notary be involved?
- An ANC must be executed (signed) before a notary prior to the marriage.
- The notary ensures that the contract complies with the Matrimonial Property Act and accurately reflects the couple’s intentions.
- The notary is responsible for registering the ANC at the Deeds Office within the prescribed period.
If these steps are not properly followed, the ANC may be invalid, and the marriage will default to in community of property—often with unintended consequences.
What role does the attorney play?
In many cases, the same person fulfils both roles. A notary (being an attorney) will:
- advise you on the different marital regimes
- help you decide what structure suits your circumstances
- draft the ANC
- explain the legal implications clearly
The key is to ensure that the person assisting you is admitted as a notary, not just a general attorney.
Why this matters for couples
An ANC shapes your financial future—how assets are owned, how debt is shared, and how wealth is built. Using the correct legal professional ensures that your contract is valid, properly registered, and aligned with your long-term plans. In short: you don’t just need an attorney—you need a notary to make your ANC legally effective and future-proof.
