How It Works: From Application to Registered Contract
An antenuptial contract is a notarial deed that must be signed before the wedding and registered at the Deeds Office within three months of signing. Our process — from intake form to a registered contract in your hands — is straightforward.
The five steps
- Apply online. Five minutes on the intake form. We confirm receipt and your wedding date by return email.
- We draft. The contract is drafted within one working day. We capture your declared net commencement values, list any assets you want excluded from the accrual, and confirm whether the accrual system applies. The draft is emailed to both of you for review.
- You review and approve. Read carefully. Ask questions. We adjust until you are satisfied.
- Signing before a notary. The contract is executed before a notary public. We do this in person at our Pretoria offices, or by power of attorney where attendance is impractical.
- Deeds Office registration. We lodge the signed contract for registration. The contract takes effect against third parties only once registered. Registration must occur within three months of signing.
Timing and the wedding date
The two non-negotiable timing rules:
- The contract must be signed before the marriage. Once you say “I do”, it is too late. Postnuptial change requires a section 21 High Court application.
- Registration must occur within three months of signing. If the three-month window is missed, a court order is required to register the contract late.
We recommend starting four to six weeks before the wedding. Tighter timelines are possible — we have signed contracts with as little as a day to spare — but earlier is calmer.
Power of attorney signings
Where one or both spouses cannot attend in person — due to distance, work, or living overseas — the contract can be signed by power of attorney. Each spouse signs a power of attorney before a local notary (or at a South African embassy if abroad), and a representative at our firm signs the contract on their behalf. The signed power of attorney is lodged at the Deeds Office along with the contract.
What you need from your side
- Both parties’ full names, ID numbers, and contact details
- Your wedding date
- An honest assessment of your net estate value at the start of the marriage (you can declare zero or a nominal figure)
- A list of any specific assets you want excluded from the accrual
- A copy of each spouse’s ID
Start your antenuptial contract
R1,950 all-inclusive. Drafting, notary attendance, and Deeds Office registration. Practising since 1995.