There are so many things to consider before getting married that couples often forget to consider the legal aspects of their new life before saying “I do”.

An essential pre-wedding task should be a consultation with a Notary regarding the proposed matrimonial property system that will apply to your marriage. 

In South Africa you can either get married in community of property or out of community of property by entering into an ante-nuptial contract.

Whether you plan on getting married within or outside of South Africa, or according to customary law or religious rites, this advice applies regardless.

In South Africa, a failure to enter into an ante-nuptial contract, or “ANC” as many people know it, will mean your marriage will automatically be in community of property.

An ANC is a contract entered into between two persons who intend to get married and who want to regulate the property system that will govern their marriage. The contract must be executed before a Notary prior to the marriage and registered in the Deeds Office within 3 months from the date of execution.

An ANC is an adaptable contract in which you can include various clauses to regulate your property regime, such as donations between spouses, exclusion of inheritances, as well as estate planning.

If you are uncertain about the legal aspects, speak to a  Notary who will be able to guide and advise you as to which regime is the best for you, taking into account your personal circumstances.

For more information contact Southey Attorneys Incorporated on 034 315 1241, situated at 65 Victoria Road, Newcastle, or email us on or visit 

Ante-nuptial contract

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