Frequently Asked Questions
Plain-English answers to the questions we hear most often. If yours is not here, ask us on the intake form — we read every submission.
The basics
What is an antenuptial contract?
A notarial agreement signed before the wedding that determines how your finances are organised inside the marriage. Without one, you are automatically married in community of property — one shared estate, joint debts, spousal-consent rules.
Do we need an antenuptial contract?
For most modern couples, yes. The default regime (in community of property) exposes both spouses to each other’s debts, requires spousal consent for major transactions, and divides everything 50/50 on dissolution — regardless of who contributed what. More on this here.
What does it cost?
R1,950 all-inclusive. Drafting, notary attendance, and Deeds Office registration are all covered. Full breakdown here.
Timing
How long before the wedding should we sign?
Four to six weeks is comfortable. Tighter timelines are workable — we have signed contracts the day before the wedding.
What if our wedding is in days?
Don’t panic, and contact us. We handle urgent contracts regularly. The contract must be signed before the wedding ceremony, but registration can follow within three months.
Can we sign after the wedding?
Not directly. After the wedding, changing your matrimonial regime requires a section 21 High Court application. More on postnuptial contracts. It is significantly slower and more expensive than signing before the wedding.
Logistics
Where do we sign?
At our offices in Pretoria, before a notary public. If you live further afield or attendance is inconvenient, we can arrange a power of attorney so the contract is signed on your behalf. Tell us what suits you on the intake form.
What if one of us is overseas?
That’s manageable. The power of attorney can be signed before a local notary or at a South African embassy and posted back. We have handled this for clients in the UK, US, UAE, Australia, and across Africa.
How long does the whole process take?
From intake form to signed contract: typically one to two weeks. Drafting is usually within one working day; the rest is your review time and the signing appointment. Deeds Office registration takes three to twelve weeks after lodgement (this is outside our control), but the contract is legally valid between you the moment it is signed.
The accrual system
What is the accrual system?
A mechanism for sharing the growth built up during the marriage — without sharing the assets you each owned at the start. Each spouse declares a starting net value at the wedding. At the end of the marriage, the growth in each estate is calculated, the smaller is subtracted from the larger, and half the difference flows to the spouse whose estate grew less. Full explanation.
What if we declare zero as our commencement value?
Common and entirely valid. The entire net value of your estate at the end of the marriage will then count as accrual.
Can we exclude specific assets from the accrual?
Yes — a family business, a particular property, a retirement fund, an investment portfolio. Inheritances and donations are excluded automatically, no listing required. More on excluded assets.
Other questions
Can the court still redistribute assets despite our contract?
For with-accrual contracts: in practice no — the accrual mechanism already provides for fair sharing. For without-accrual contracts: yes, since EB v ER 2024 (2) SA 1 (CC), the court has a discretion under section 7(3) of the Divorce Act to redistribute where one spouse contributed to the other’s estate. The remedy is discretionary, not automatic.
What about retirement funds?
Retirement-fund interests are dealt with separately under the Divorce Act and are not automatically part of the accrual calculation. We discuss this in detail when drafting where it is relevant.
Does the antenuptial contract affect inheritance from us?
No directly. The antenuptial contract regulates the marriage; inheritance is governed by your will. But the matrimonial regime does affect the size of the estate available for distribution. Estate planning for newlyweds.
Are downloadable PDF templates valid?
No. An antenuptial contract has no legal effect unless executed before a notary public AND registered at the Deeds Office. A PDF template you fill in at home is, legally, just paper.
Still have questions?
Apply on the intake form and ask us anything in the “tell us more” field. Or send a quick email to admin@louwrens-koen.co.za.