Marriage Contract — Frequently Asked Questions
Quick answers to the questions couples ask most.
For detailed legal analysis, visit our comprehensive FAQ on antenuptialcontracts.co.za.
What’s the difference between a marriage contract, a prenup, and an antenuptial contract?
They’re all the same document. “Antenuptial contract” (ANC) is the official South African legal term. “Marriage contract” and “prenup” are common names for the same thing.
Can a foreigner sign a marriage contract in South Africa?
Yes. If you’re marrying in South Africa, both parties can sign regardless of nationality. Foreign nationals will need their passport details.
What if my partner refuses to sign?
Both parties must agree. If your partner is reluctant, it’s often because of misconceptions. A marriage contract protects both of you — not just one.
Does a marriage contract affect my home loan?
Yes, and usually positively. Banks prefer lending to people married out of community of property because each spouse’s financial liability is separate.
What if one of us is overseas?
It can be arranged. The partner abroad may need to sign a Power of Attorney before a notary in their country. Contact us for specific requirements.
Do same-sex couples need a marriage contract?
Yes — the same rules apply. Couples married under the Civil Union Act are subject to the same default (in community of property).
Does lobola replace a marriage contract?
No. Lobola is a cultural practice; a marriage contract is a legal document. They serve different purposes and one does not replace the other.
Does a cohabitation agreement replace a marriage contract?
No. A cohabitation agreement governs your relationship while unmarried. Once you marry, the marriage contract determines your property regime.
Can my parents insist I sign one?
Legally, no — only the two parties getting married can decide. However, parents often have good reasons, especially if there are family assets or businesses to protect.
What if we divorce and remarry each other?
The original marriage contract falls away with the divorce. If you remarry, you’ll need a new marriage contract — or you’ll be in community of property by default.
Can I use a template or do it myself?
A marriage contract must be signed before a notary public and registered at the Deeds Office. This requires a qualified attorney. For R1,950, professional drafting is the safer choice.
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