Marriage Contracts

November 25, 2025

Many people ask about the differences between being married in or out of community of property, with or without accrual. Here’s a brief overview to help you out. For detailed advice, I recommend contacting Nicci du Plessis, a Director at Garlicke & Bousfield,  nicci.duplessis@gbcape.co.za or phone 083 440 8979. Nicci is fantastic and can assist you further! 🌟

 

Types of Marital Regimes

  1. In Community of Property
  • Meaning: All assets and debts are shared equally. 🤝
  • Pros: Simple, shared ownership. 🏠
  • Cons: Shared debt, less financial independence. 💸
  • Details: Everything acquired before and during the marriage is shared. This is the default regime if no antenuptial contract (ANC) is signed.
  1. Out of Community of Property (Without Accrual)
  • Meaning: Each spouse keeps their own property and debts. 🏦
  • Pros: Financial independence, no shared debts. 💪
  • Cons: No sharing of assets gained during the marriage. 🚫
  • Details: Each spouse owns their assets and liabilities separately. An ANC is required before marriage.
  1. Out of Community of Property (With Accrual)
  • Meaning: Separate property, but shared growth in value during the marriage. 📈
  • Pros: Fair sharing of growth, financial independence. ⚖️
  • Cons: Requires careful record-keeping. 📚
  • Details: Spouses share the growth in their estates during the marriage while keeping premarital assets separate. An ANC is required.

 

 

Importance of an Antenuptial Contract (ANC) 📜

  • Why: Allows you to choose the “Out of Community of Property” regimes.
  • Legal Requirement: Must be signed before marriage and registered at the Deeds Office. 🖋️
  • Process:
    1. Consult a Notary Public. 🗣️
    2. Sign the contract before marriage. ✍️
    3. Register the ANC at the Deeds Office within three months. 🏛️

Steps to Create an ANC

  1. Consult a Notary Public: Discuss options and decide on the best regime. 🗨️
  2. Drafting the Contract: The Notary drafts the contract to your preferences. 📝
  3. Signing the Contract: Both parties and witnesses sign in the presence of the Notary. 🖊️
  4. Registration: The Notary registers the ANC at the Deeds Office within three months. 📑

Contract Details

  • Personal Information: Full names, ID numbers, and contact details. 📇
  • Choice of Marital Regime: Clearly state the chosen regime and any specific agreements. 🗂️
  • Assets and Liabilities: List assets and liabilities each party brings into the marriage and how future assets and debts will be managed. 💼
  • Accrual System (if applicable): Define commencement values and how accrual will be calculated and shared. 📊
  • Special Clauses: Any additional agreements (e.g., maintenance, inheritance). 📝