Getting married is easy, but staying married is the real journey. But if that journey ends in divorce, it can be anything but simple or cheap.

So, how do you protect yourself if the unthinkable happens? DIVORCE

These days, most people are aware that there are several legal options when getting married in South Africa:

  • In community of property
  • Out of community of property without accrual
  • Out of community of property with accrual

It all sounds fairly straightforward until you are faced with the reality of divorce. Suddenly, you are expected to split your estate with someone you no longer feel deserves it. Or worse, you could walk away with nothing, even after investing years of your time, effort, and value into the relationship.

You do have options:

  1. Marriage in community of property is the default if you do nothing. Simply marry in front of a marriage officer, and everything you own (past, present, and future) becomes jointly owned. Debts too.
  1. Marriage out of community of property requires an antenuptial contract (ANC) to be signed before the wedding. This ANC determines what each partner brings into the marriage and whether your assets (and debts) will remain separate. Here are your two options:
  • Without accrual: What is mine stays mine. What is yours stays yours. No sharing of estates.
  • With accrual: The growth of each estate during the marriage is calculated and shared equally. The partner who gained more financially shares the difference.

Many young couples assume that creating an ANC is an intense, sacred, or awkward process. The truth? It’s a simple legal safeguard, and a smart one.

Key Benefits of an ANC:

  1. Financial independence: Buy property, take out loans, and make financial decisions without needing your spouse’s co-signature.
  2. Asset protection: Secure your current and future assets, especially if you’re bringing substantial wealth into the marriage.
  3. Risk management: Protect your partner from any financial risk you may take on, or vice versa.

A few important reminders:

  • Your ANC must be signed before your marriage.
  • It must be registered at the Deeds Office within three months of signing.
  • Keep the original in a safe place. You will need it!

Before you walk down the aisle, talk to a professional.

Consult an attorney who is also a REGISTERED NOTARY. They will guide you through the ANC process, ensuring you make informed decisions that protect both you and your future spouse.

If you need help with a new ANC, an existing one, or a lost ANC? Please reach out.

Click here to choose us now