Family Law
Antenuptial Contract (ANC)
An antenuptial contract (ANC) is a legal agreement signed before marriage that determines how assets and debts will be divided if the marriage ends. Without one, you are married in community of property by default.
Legal Definition
An agreement executed by a notary before marriage, regulating the patrimonial consequences of the marriage. Parties can choose out of community of property, with or without the accrual system. Must be registered at the Deeds Office within three months of signing.
📖 Constitutional / Statutory Basis: Section 9 (equality) and Section 10 (dignity), Constitution of the Republic of South Africa, 1996; Matrimonial Property Act 88 of 1984
Practical Example
Partners sign an ANC with accrual before their civil marriage. If the marriage ends, each spouse shares in the growth of the other's estate during the marriage — protecting both parties.
Frequently Asked Questions
What is the accrual system?
Under the accrual system, when the marriage dissolves, each spouse shares in the other's estate growth (accrual) during the marriage. Pre-existing assets and inheritances are usually excluded.
Can I get an ANC after marriage?
Not easily. Post-marital changes to matrimonial property regime require a High Court order under s21 of the Matrimonial Property Act.
What if I don't have an ANC?
You are automatically married in community of property — all assets and debts are shared equally, which can expose you to your spouse's liabilities.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.