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Prenuptial agreement/ Antenuptial Agreements Made Simple

Prenuptial agreement/ Antenuptial Agreements Made SimplePrenuptial agreement/ Antenuptial Agreements Made SimplePrenuptial agreement/ Antenuptial Agreements Made Simple

Secure Your Future with an Antenuptial Contract for Only R1,650.00 Prenuptial agreement all Inclusive fee. Book your prenup agreement consultation today.

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What is an Antenuptial Contract?

Prenuptial Agreement, Antenuptial Contract, Prenup Agreement

An antenuptial contract in South Africa is a legal agreement made by two people before marriage.
It’s often called a prenuptial agreement or simply a “prenup agreement.”
This contract outlines how assets and debts are handled during the marriage and divided if it ends.
Without an antenuptial contract, you’re automatically in community of property, meaning everything is shared equally.
By signing an antenuptial contract, each spouse protects their own assets and avoids joint liability for the other’s debts.
It’s a key step for couples who want clarity, security, and peace of mind under South African law. 

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The Matrimonial Property Systems in South Africa

An image of a couple signing an Antenuptial Contract , Prenuptial Agreement

Marriage in Community of Property

In this system without a antenuptial contract/ prenuptial agreement , the assets and debts of both spouses are combined into a joint estate, with equal management rights and responsibilities for both. However, creditors can target the joint estate for any insolvency issues, making it a less appealing option for some. 

Marriage Out of Community of Property with the Accrual System

This option requires an antenuptial contract/prenuptial agreement before marriage, allowing each spouse to maintain individual control over their assets. The accrual system comes into play upon dissolution of the marriage, ensuring a fair division based on the growth of each estate. 

Marriage Out of Community of Property without the Accrual System

 

Marrying Out of Community of Property without Accrual ensures that each spouse’s estate remains completely separate throughout the marriage. This means assets and debts acquired before and during the marriage stay entirely under individual ownership, with no sharing or comparison of estate growth upon divorce or dissolution, unless otherwise specified in the Antenuptial Contract.

While this matrimonial property regime offers full financial independence, it is possible to change the system after marriage. However, doing so requires meeting specific legal conditions, including notifying creditors and providing valid reasons for the change. Whether you’re considering a Prenuptial Agreement, Prenup Agreement, or Antenuptial Contract, this system offers clarity and protection tailored to your needs under South African law.

Antenuptial Contract Special Offer - Only R1,650.00

What’s Included in Our All-Inclusive Package?

 📋 Detailed consultation with both parties

✍️ Custom drafting of your antenuptial contract/prenuptial agreement .

📄 Professional registration with the Deeds Office.

📜 Letter for your marriage officer.

🌍 Nationwide consultations online or in-person at our Benoni office.


No upfront payment needed! Payment is only required at the time of your consultation.

Antenuptial Contract, Prenuptial Agreement, Prenup Agreement

How It Works

A Simple Process

  • Consultation: Choose between an online consultation via Google Meet or an in-person consultation at our Benoni office. Both options provide the same high-quality service and result in a legally binding antenuptial contract.
  • Online Consultations:  Using Google Meet, our online consultations are convenient, secure, and just as effective as in-person meetings. Once you book your prenup agreement appointment, you’ll receive a confirmation email with your meeting link immediately. We also offer flexible after-hours and Saturday appointments to accommodate your busy schedule. 
  • In-Person Consultations: Prefer to meet face-to-face? Visit us at our Benoni office for a personal consultation where we will guide you through the entire process in a professional and welcoming environment.
  • Drafting: We create a tailored antenuptial agreement/prenuptial agreement during the consultation.
  • Approval: Review and approve your contract before finalisation.
  • Registration: Registration at the Deeds Office takes approximately 7–10 working days. Delivery of the registered contract typically takes 1–3 months, depending on Deeds Office processes. You can collect your contract at our office or arrange for courier delivery (at your cost). For added convenience, we can securely store your contract until you're ready to collect it.

Frequently Asked Questions

Please reach us at admin@Lninc.co.za if you cannot find an answer to your question.

 An antenuptial contract, also known as a prenuptial agreement in some countries, is a legal agreement entered into by two individuals before marriage. In South Africa, it determines how the couple’s assets, debts, and financial responsibilities will be managed during the marriage and in the event of a divorce or death. Without an antenuptial contract, the marriage will automatically fall under the default matrimonial regime of community of property, meaning all assets and liabilities are shared equally between spouses. An antenuptial contract offers flexibility by allowing couples to opt for out of community of property with or without the accrual system, giving them greater control over their financial affairs. 

 The terms "prenuptial agreement" and "antenuptial contract" are often used interchangeably, but they have the same meaning. In South Africa, the correct legal term is antenuptial contract. While “prenuptial” is more commonly used internationally, antenuptial reflects the specific legal context in South Africa and refers to the agreement signed before marriage to regulate the couple’s financial arrangements. 

 

  • Asset Protection: Each spouse retains ownership of their assets acquired before and during the marriage, offering security in case of divorce or insolvency.
  • Debt Protection: Spouses are not automatically responsible for each other’s debts, avoiding financial liability for the other’s poor financial decisions.
  • Flexibility with Accrual: The accrual system allows couples to share in financial growth while protecting pre-marital assets, offering a balanced approach.
  • Legal Clarity: An antenuptial contract ensures transparency and clarity, preventing disputes about finances during or after the marriage.
  • Estate Planning: It simplifies estate administration and can reduce complications for heirs if one spouse passes away.

 In South Africa, the default marital property regime is community of property, which means all assets and debts are jointly owned. To avoid this, couples must sign an antenuptial contract before marriage. The contract is governed by the Matrimonial Property Act of 1984 and allows couples to choose between:


  • Out of Community of Property Without Accrual: Each spouse’s assets remain completely separate, and neither shares in the other’s financial growth.
  • Out of Community of Property With Accrual: Pre-marital assets remain separate, but any growth in wealth during the marriage is shared equally upon divorce or death.
    The antenuptial contract must be signed before a notary public and registered within three months at the Deeds Office.

 An antenuptial contract itself cannot be terminated, but its terms can be altered in specific circumstances. For example:


  1. By Agreement: Both spouses may agree to amend the terms of their contract by applying to the High Court for approval.
  2. Divorce: The antenuptial contract ceases to govern the relationship if the marriage ends in divorce.
  3. Change of Marital Regime: In South Africa, married couples can apply to change their marital regime from antenuptial to another system by following a legal process that requires court approval.
    It’s important to note that terminating or altering an antenuptial contract is a complex legal process that requires expert legal advice and court approval.

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Antenuptial Agreements Made Simple

Let’s make planning your future simple and stress-free! Whether you’re thinking about a Prenup Agreement, Prenuptial Agreement, or Antenuptial Contract (the South African way), we’re here to help. Book your consultation today—send us a WhatsApp or click the link above to schedule. Need after-hours or Saturday assistance? No problem, we’ve got you covered. Ready? Just hit the WhatsApp button below and let’s get started! 

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Leoni Naude Inc Attorneys

65 8th Avenue Northmead Benoni 1501

0101405775 0718638216

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