An Antenuptial Contract is An Essential Part of Marriage Planning
Choosing whether or not to enter into an Antenuptial Contract (ANC) is a critical step in preparing for marriage. Contrary to popular belief, an ANC is not about planning for divorce—it’s about creating clarity, protecting both partners, and ensuring financial harmony throughout your marriage.
An Antenuptial Contract (ANC) is a contract of protection. It protects the ones you love from the harsh ravages of modern life in the event that either you or your spouse encounter misfortune.
Antenuptial Contracts - ANC
What is an ANC: An ANC is an agreement entered into by two people who are get married and want to use this contract to regulate their financial arrangements to protect each other and their individual assets during the marriage from outside threats and to regulate the division of assets at the end of the marriage. This is most important when one of the spouses passes away.
Who may get an ANC: Anyone who decides to get married may have an ANC drawn up, whether it is a marriage in the sense of Western traditions, civil union, same sex or an African traditional marriage.
What happens if we do not sign an ANC: In South African law, you are married in community of property unless there is an ANC stating otherwise.
Community of Property - COP
When parties are married in community of property(COP) they own everything together. There is no longer mine and yours, it is all ours and it does not matter if it was owned before the marriage or was bought during the marriage. When parties to a marriage are married in community of property, they do own all their assets jointly. That means that each party has a half share in each asset. It is referred to as an undivided half share. to illustrate this point, it means that both parties own half of their home, and that the rooms are not divided into who owns which room. There are some contracts that each party can do on their own but some, like buying a house, need both spouses to sign. There is a benefit of being married in community of property, that it is a commitment to the marriage. At the same time, both parties will share in the profits of the marriage.
Civil Unions
As part our new democracy, same sex relationships were finally recognised as real relationships and same sex marriages have also been sanctioned. As part of this process, they have been given the same status as conventional marriages. The property regimes are the same, the marriage is automatically in community of property unless an ANC has been signed with a notary before the marriage. We are able to assist in drawing up this type of ANC with the variations.
Traditional Marriages
Traditional marriages are recognised in terms of South African law as a legal marriage.
These marriages follow the tradition that the marriage is in community of property unless the couple decided that they don’t want that. If they don’t want to be married in community of property then they need to sign an ANC with a notary before their marriage ceremony.
Cohabitation Agreement
Protecting your Relationship and Your Rights
Many people in South Africa believe that living together for a certain period of time creates a “common law marriage,” granting legal rights similar to married spouses. This is a myth. South African law does not recognise common law spouses.
While a universal partnership is a possible legal route, it must be proven in court—often after a relationship has ended—costing time, money, and emotional energy. Things can get even more complex if a partner passes away, as there is no automatic right to inherit without a valid will.
The Solution: A Cohabitation Agreement
A cohabitation agreement is a legal contract that defines each partner’s rights and responsibilities while living together and outlines what happens if the relationship ends.