Written By: Visser Vermaak Inc.
If you’re planning to get married out of community of property, you’ll need to sign an Antenuptial Contract (ANC).
Many couples are surprised to learn that an ANC cannot be signed on the wedding day or after the marriage has taken place. The process requires careful planning and should ideally be started three months before the wedding date.
While the process can often be completed more quickly, leaving sufficient time allows for consultations, drafting, signing, and registration preparations without unnecessary stress. Wedding planning can be hectic, and dealing with legal paperwork at the last minute is something every couple should avoid.
At Visser Vermaak Inc, we guide couples through every step of the process to ensure that everything is completed correctly and on time. Here’s what you can expect.
Step 1: The Initial Consultation
The first step is a consultation with a notary public.
During this meeting, we will explain the different matrimonial property systems available in South Africa and help you understand the legal and financial consequences of each option.
The attorney will discuss matters such as:
- Whether you want to marry with or without the accrual system.
- The assets each party currently owns.
- Any business interests that may need protection.
- Your long-term financial goals as a couple.
This is also an opportunity to ask questions and ensure that both parties fully understand the contract they will be signing.
Step 2: Drafting the Antenuptial Contract
Once you have decided on the terms of your marriage contract, the attorney will draft the Antenuptial Contract.
The contract sets out the matrimonial property system that will apply to your marriage and records any specific provisions that the parties wish to include.
The draft is then provided to the couple for review. We will explain the contents in plain language and make any necessary amendments before the final version is prepared for signature.
Step 3: Signing the Contract
Before the wedding takes place, both parties must sign the Antenuptial Contract in the presence of a notary public.
This is a crucial requirement under South African law. If the contract is not properly executed before the marriage, it may not be legally valid.
The signing process is usually straightforward and only takes a short amount of time. Once signed, the notary public will prepare the necessary documents for registration.
Step 4: Registration in the Deeds Office
After the contract has been signed, the notary public lodges the Antenuptial Contract for registration at the Deeds Office.
Although the contract must be signed before the wedding, the law allows the registration process to be completed after the marriage has taken place, provided the contract was executed correctly beforehand.
Once registered, the Antenuptial Contract becomes part of the public record and serves as official proof of the matrimonial property system governing the marriage.
Why Professional Assistance Matters
An Antenuptial Contract is one of the most important legal documents a couple will sign before marriage. A properly drafted and registered ANC provides certainty, protects both parties, and helps avoid disputes in the future.
At Visser Vermaak Inc, we make the process simple and stress-free. From the initial consultation through to registration in the Deeds Office, our experienced team will ensure that your Antenuptial Contract is professionally prepared and registered in accordance with South African law.
For more information, visit our website at visservermaak.co.za or contact us at info@visservermaak.co.za.
