Stewart-Garden Attorneys, Johannesburg

Why an ANC? There is a common misconception that an Antenuptial Contract (“ANC”) is a Divorce Contract! The truth is that an ANC is a Marriage Contract that will help you to plan your marriage relationship together in a structured way based on a clear understanding from the start. It will also play a very important role in estate planning and asset protection to protect you as a couple together against the outside world. In case you are confused, “ante” comes from Latin meaning “before” so this is a “before marriage contract” – not an “anti” or “against marriage contract”! What if We Don't Do It? It is very important to sign the contract BEFORE you get married, in front of a Notary Public. The contract must then be registered at the Deeds Office within 3 months of the marriage. If you need an ANC AFTER you are married, you will need a High Court application with approval from all your creditors – which will be an expensive and time consuming exercise! How Does it Help Us? 1) Marriage Harmony - one of the most common causes of failed marriages in the divorce courts is conflict over finance. A marriage contract will set out financial issues on a sound, clearly understood basis which will help to avoid unnecessary conflicts in the future. 2) Asset Protection - without an ANC, you will automatically share each other’s assets, but also each other’s liabilities in one joint estate. This means that if either of you faces financial difficulties, all your combined assets will be at risk. An ANC will protect each person’s assets against their spouse’s creditors. This way you will be able to plan your asset ownership to protect the family assets (like the family home) against risks like bad business deals. 3) Independence and Responsibility - each of you will also be responsible for your own assets and liabilities.

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