Types of marriages in South Africa
We can help you choose which type of marriage contract is best suited to your circumstances. There are three matrimonial property regimes:
- Marriage in community of property
- Marriage out of community of property
- Marriage out of community of property subject to the accrual system
Your marriage will automatically be one in community of property if you choose to marry without a marriage contract (an antenuptial contract or ‘ANC’). If you decide to marry out of community of property, you need to approach a notary to draw up an ANC which is registered in the Deeds Office. If you enter into an ANC the marriage will automatically be subject to the accrual system unless you specifically exclude this from your contract. You must sign the ANC before you get married.
If you already know which contract you would prefer you can purchase your marriage contract, online, for our inclusive fee of R1900. To proceed, click on the “Add to basket” icon below and pay the R1900 via your credit card. Once the payment is approved, the system will send you a link to insert your names, identity documents, etc. It will then generate your marriage contract and email it to us for approval. When we return it to you for signature, we will explain the next steps. Basically, it will prepare a power of attorney and the marriage contract for you and your fiancé to sign, authorising us to appear before our notary on your behalf. In exchange for the signed power of attorney, we will hand you a letter addressed to the marriage officer. This is all you need to get married. In due course, the marriage contract will come out of the deeds office when we will contact you to collect it. If you live outside the Johannesburg area there would be an additional charge to courier the ANC to you when it comes out of the Deeds Office. To preserve your privacy you will not reflect your net worth in the marriage contract.
If you choose the option of a marriage contract, with accrual, and wish to exclude assets, the system will ask you to list those assets and their approximate values. The assets must be described in detail along the lines of this template.
Face-to-face meeting with you
If you prefer to meet with us, our inclusive fee for drafting the ANC and having it registered in the Deeds office ANC is R2875. This includes a meeting at our office with you and your fiancé where we advise you of the various options and act as a facilitator. Once you have reached an agreement, we prepare the contract while you wait and the contract is then signed and later lodged in the Deeds Office for registration.