If you are getting married in South Africa and want to marry out of community of property, you usually need an antenuptial contract before the wedding. Many people call this a prenup or prenuptial agreement. In South African legal language, it is usually called an antenuptial contract or ANC.
This site explains the main choices in plain English: in community of property, out of community of property with accrual, and out of community of property without accrual. It also helps you understand when a simple online route may be enough and when you should get tailored legal advice.
Start here
- Types of marriage contracts in South Africa
- ANC with accrual vs without accrual
- Prenup checklist South Africa
- Prenup cost in South Africa
- How long does an antenuptial contract take?
- Can you sign a prenup after marriage?
- Prenup for business owners in South Africa
- Prenup and inheritance in South Africa
- Prenup for a second marriage
- Prenup and debt in South Africa
- Commencement values in an accrual prenup
- Marriage systems in South Africa
What happens if you do nothing?
If you get married without an antenuptial contract, the default position is usually marriage in community of property. This means the spouses share one joint estate, including assets and liabilities, subject to the rules of that system.
That may be suitable for some couples. For others it creates risk, especially where either spouse owns a business, has debt exposure, owns property, expects an inheritance, has children from a previous relationship, or wants to keep certain assets separate.
The three main choices
| Choice | What it means | Where to read next |
|---|---|---|
| In community of property | One joint estate, including assets and liabilities. | Marriage systems |
| Out of community with accrual | Separate estates during marriage, with sharing of growth when the marriage ends. | With accrual vs without accrual |
| Out of community without accrual | Separate estates and no sharing of growth through the accrual system. | With accrual vs without accrual |
When to get legal advice
Get tailored legal advice before signing if either spouse has property, a business, debt exposure, trusts, inheritances, offshore assets, children from a previous relationship, unequal starting assets, or uncertainty about accrual.
For premium legal advice and drafting, read the SD Law antenuptial contract guide.
FAQ
Is a prenup the same as an antenuptial contract?
In everyday South African use, yes. Prenup and prenuptial agreement are common terms. The formal South African legal term is usually antenuptial contract or ANC.
Must a prenup be signed before marriage?
An antenuptial contract is intended to be signed before marriage. Changing the matrimonial property system after marriage is a different and more formal process.
Should we choose with accrual or without accrual?
It depends on risk and fairness. Accrual is often balanced, while without accrual may suit business risk, second marriages or major wealth differences.