Marriage is a personal commitment, but it also has real legal and financial consequences. Whether you are planning your wedding or you are already married and want to change your matrimonial property system, the right contract gives both partners clarity, protection and peace of mind.
Bregman Moodley Attorneys assists clients with professionally drafted antenuptial (prenup) contracts and postnuptial marriage contracts that reflect their circumstances, intentions and long-term financial goals. Our role is to explain your options clearly, prepare the documents, and guide you through the process with care.
The short version • No contract before the wedding = automatically in community of property (one joint estate, shared assets and debts). • An antenuptial contract (ANC) lets you choose out of community, with or without accrual. • An ANC must be signed before a notary before the wedding and registered in the Deeds Office. • Already married? You can still change your system through a postnuptial court application. • Do it online for R2,300, or book a consultation for R3,450 (registration included). |
A prenup — known in South Africa as an antenuptial contract or ANC — is a legal agreement entered into before marriage. It regulates the financial consequences of the marriage and determines whether you will be married in community of property, out of community of property with accrual, or out of community of property without accrual.
Many couples assume an ANC is only for the wealthy, for business owners, or for a second marriage. In reality it is useful for any couple that wants financial certainty from the start. A properly drafted contract can clarify:
Because South African law has specific requirements for antenuptial contracts, it is important to consult an attorney before the wedding date. The contract must be signed before the marriage and registered correctly to have the intended effect.
Marriage automatically creates legal consequences. If there is no valid antenuptial contract before the wedding, the default position is that the marriage is in community of property — the spouses share one joint estate, including both assets and liabilities.
For some couples that suits them well. For others it creates unnecessary risk, especially where one spouse owns a business, carries debt, expects an inheritance, or wants to keep separate financial independence. A marriage contract lets you make an informed decision up front rather than relying on the default. It is not about planning for failure — it is about starting the marriage with transparency and a shared understanding.
The default if no valid ANC is signed before the marriage. Both spouses share one joint estate, and assets and debts are pooled regardless of who acquired them. It is simple, but it also exposes both spouses to each other’s financial risk — if one spouse runs up debt, the joint estate can be affected.
This keeps your estates separate during the marriage while letting you share the growth of those estates when the marriage ends. Each spouse controls their own assets and liabilities along the way. When the marriage ends, the increase in each estate is calculated and the spouse with the smaller accrual can claim a share of the difference. It is a popular middle ground between independence and fairness.
Each estate stays completely separate, with no sharing of growth when the marriage ends. This suits couples who want full financial independence, particularly where there are business interests, complex estates or specific asset-protection concerns.
A postnuptial contract is entered into after you are already married, when spouses want to change their matrimonial property system. For example, a couple may have married in community of property without realising the consequences, and later want to move to out of community of property.
This cannot be done by simply signing a private agreement between the two of you. In South Africa, changing your matrimonial property regime after marriage normally requires a formal High Court application (under section 21 of the Matrimonial Property Act), notice to interested parties such as creditors, and registration of a notarial contract.
A postnuptial contract can help when:
Because the process is more involved than signing a prenup before marriage, proper legal guidance matters.
The main difference is timing. A prenup is signed before the marriage. It is generally simpler, quicker and more cost-effective because it is prepared and registered before you are legally married.
A postnuptial contract is concluded after the marriage, once your matrimonial property system has already taken effect. Changing it usually requires a court application, notice to interested parties and registration of the approved contract. The best time to deal with your marital property regime is before the wedding — but if you are already married and need to correct your position, the postnuptial route may still be open to you.
There are two easy ways to go ahead. Choose the one that suits you — both are handled by our team from start to finish.
Order online — R2,300 (all-inclusive)
If you already know which contract you want, order online and our system generates the contract for your review. We then guide you through signature and lodging — you can do it all from your desk.
Book a consultation — R3,450
Prefer to talk it through? Choose a virtual or face-to-face meeting at our office. We give expert advice, discuss your options and draft the contract. This fee includes registration in the Deeds Office.
Choosing accrual and want to exclude certain assets? The system will ask you to list those assets and their approximate values. Please describe them in detail along the lines of the asset template (link to the existing template page).
Couples need a prenup or postnuptial contract for many practical reasons — asset protection, debt management, business ownership, estate planning, inheritance protection and financial independence. A contract is especially worth having where one or both spouses:
As early as possible if you are planning to marry. Ideally your contract should be discussed well before the wedding date, so both of you have time to understand your options and sign without pressure.
You should also speak to us if you are already married and concerned about your current system. Many couples only realise the consequences of being in community of property when they apply for finance, start a business, buy property, run into debt or begin estate planning. The earlier you get advice, the more options you usually have.
A marriage contract needs more than a template. Every couple has different assets, debts, responsibilities and goals, so we take the time to understand your situation before preparing the right documents. You will get practical advice, careful drafting and a clear explanation of what your chosen system means — before you sign. We can assist with:
Our approach is professional, discreet and practical — and the firm has been doing this work since 1974.
“I recently re-married and required a fairly complicated Antenuptial Contract to suit the needs of both myself and my fiancé. My first thoughts were of endless meetings with attorneys, enormous time commitments and complicated processes and paperwork – with an expense outlay to match. Not a bit of it – if you use the online services of Bregman Moodley Attorneys. The use of their website turned out to be effortless, uncomplicated and easy on the back pocket. Their site is a model of ample explanation and easy understanding as it details the varying marriage contract options available, enables the automated acquisition of the specific contract desired and even generates a Power of Attorney to enable Bregmans to lodge the paperwork with a Notary and at the Deeds Office. The Marriage Contract particulars are populated from an easily completed template which includes a list of assets that are to be excluded, in as much detail as needed. Once the online process was finished everything functioned like clockwork. The documents were sent to me for signature by all parties, a letter for the marriage officer was produced, everything was lodged at the Deeds Office and returned to me promptly. And to top matters I was able to do everything from the comfort of my desk with absolutely no need to interact with anyone – although the option of a face-to-face meeting was available. I would definitely commend the Bregmans online site to anyone interested in efficiency, professionalism and accessible support. Kevin Penwarden”
“My husband and I purchased our Antenuptial Contract through your website, and want to thank Bregman Moodley Attorneys for the professional service that we acquired! We can’t believe how simple, stress-free and efficient the online process was, and we are so grateful for the immediate attention we received on the placement of our order”
What happens if we marry without an antenuptial contract?
Your marriage is automatically in community of property. You share one joint estate, so all assets and all debts are pooled, regardless of who brought them in or who incurred them.
Is a prenup only for wealthy people or business owners?
No. An antenuptial contract gives any couple financial certainty from the start. It is useful whenever either partner owns assets, carries debt, runs a business, expects an inheritance, or simply wants to keep finances independent.
What is the accrual system?
It keeps your estates separate during the marriage but lets you share the growth created during the marriage when it ends, by divorce or death. The spouse whose estate grew less can claim a share of the difference. Accrual applies automatically to an ANC unless you expressly exclude it.
When must the antenuptial contract be signed?
Before the wedding. It must be signed in front of a notary before you marry and then registered in the Deeds Office. If you marry first, you cannot simply sign an ANC afterwards — you would need the postnuptial court process instead.
Can we change our marriage contract after we are married?
Usually yes, but not by private agreement. Changing your system after marriage requires a High Court application under section 21 of the Matrimonial Property Act, notice to creditors, and registration of a notarial contract. Because it is more involved, get advice early.
How much does a marriage contract cost?
R2,300 all-inclusive if you order online and know which contract you want. R3,450 for a virtual or face-to-face consultation, which includes advice, drafting and Deeds Office registration.
Do we have to come into the office?
No. You can complete the whole process online from your desk, or choose a virtual or face-to-face meeting if you would prefer to talk it through.
Written by Roy Bregman, an admitted attorney with over 51 years’ experience in family law and matrimonial property matters. Last updated: 6 July 2026 Key
South African law on correcting an unintended matrimonial property regime, section 21 MPA applications, spouse consent, and negligence claims against attorneys. Written by Roy Bregman, admitted attorney
A client asked: I married a south African who is in America on a visa. how do we legally register our marriage with South Africa