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    Spence Attorneys

    Notarial Practice

    Antenuptial contracts
    explained, properly

    The matrimonial property regime you choose now determines what happens to everything you own — and everything you build — for the rest of your life. We draft, notarise and register antenuptial contracts in plain English with the right legal effect.

    At a glance

    • Signed before marriage

      Must be executed before the wedding date

    • Registered within 3 months

      At the Deeds Office, by us

    • Three regimes available

      Out of community without accrual, with accrual, or in community

    • Both parties present

      In person, in front of the notary

    The three regimes

    There is no “default” you should accept by silence.

    In South Africa, marrying without an antenuptial contract automatically places you in community of property — one shared estate, joint debts, joint creditors. An ANC lets you choose, deliberately, between two further regimes. The right answer depends on what each of you brings, what you intend to build together, and how you would want things divided if the marriage ended.

    Default if no ANC

    In community of property

    All assets and liabilities pool into a single joint estate, owned in equal undivided half-shares.

    • •Either spouse's signature can bind the joint estate (with consent for major transactions).
    • •On insolvency or divorce, the joint estate is divided equally.
    • •Often unsuitable where one party owns a business or has significant pre-marriage wealth.

    ANC option

    Without accrual

    Each estate stays separate, before, during, and after the marriage. What is yours, stays yours.

    • •Total separation of assets and liabilities.
    • •No sharing of growth on dissolution.
    • •Clean and predictable; particularly useful for second marriages, business owners and inheritance protection.

    ANC default

    With accrual

    Estates are separate during the marriage, but the growth in each estate is shared on dissolution.

    • •Commencement values may be declared and excluded.
    • •Inheritances, donations and damages awards are excluded by law.
    • •Considered the most balanced regime; this is what applies if your ANC is silent on accrual.

    In four minutes

    Watch our notary explain the choice

    A short walkthrough of the regimes, accrual mechanics and what to bring to consultation.

    Video coming soon

    The process

    From enquiry to registered contract

    We follow a tight, defined sequence. There are no surprises and no last-minute scrambles.

    1. 01

      Day 1

      Enquiry and intake

      Submit the short form at the bottom of this page with both parties' details and the wedding date. We confirm availability within one business day.

    2. 02

      Within 5 business days

      Consultation

      Both parties meet our notary, in person or by video, to discuss the regime, accrual, commencement values and any exclusions. We provide a fee quote.

    3. 03

      3 to 5 business days

      Drafting and review

      We circulate a plain-English draft for review. Comments are accepted in writing; revisions are made and signed off by both parties.

    4. 04

      Before the wedding date

      Signing before the notary

      Both parties attend in person at our Pinelands office. The notary explains every clause and witnesses the signatures. Originals stay in our protocol.

    5. 05

      Within 3 months of signature

      Deeds Office registration

      We lodge the contract for registration at the Cape Town Deeds Office within three months of signature. You receive the registered original on completion.

    Documents required

    What to bring to consultation

    These are required by FICA and the Deeds Office. We cannot lodge without them.

    • Both parties' South African identity documents or passports
    • Both parties' proof of residential address (not older than 3 months)
    • Confirmed wedding date and venue
    • Confirmation of place of intended permanent residence (if marrying abroad)
    • List of significant assets (for accrual planning)

    Timing matters

    Six to eight weeks before the wedding date is the comfortable window. We can act faster, but lodgement and Deeds Office registration are outside our direct control.

    If the wedding is imminent, telephone us directly — do not rely on the form alone.

    Frequently asked

    Questions we answer often

    Start the conversation

    ANC enquiry

    Submit basic details and our notarial team will contact you within one business day. Both parties' details are required to issue a quote.

    Party A (you)

    Party B (partner)

    By submitting, you acknowledge this is an enquiry and not a legal instruction. No contract is in place until signed before the notary and registered.

    Spence Attorneys

    Notaries & Conveyancers · Pinelands, Cape Town