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Antenuptial Contract (ANC) Template — South Africa
Without an Antenuptial Contract (ANC) you marry IN community of property — every asset and every debt joins one estate, divided 50/50 on divorce or death. An ANC protects pre-marriage assets, sets the matrimonial property regime and is the single most important pre-wedding legal step. Our free template generates a Matrimonial Property Act 88 of 1984-compliant ANC draft, ready for notarial execution and Deeds Office registration within the statutory 3-month window.
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ANTENUPTIAL CONTRACT
Sipho Mthembu And Thandi Nkosi · Republic Of South Africa · 20 May 2026
INTENDED HUSBAND
Sipho Mthembu
47 Berea Road, Durban 4001
Occupation: Chartered Accountant (CA(SA))
SA ID: 7807205009088
Occupation: Chartered Accountant (CA(SA))
SA ID: 7807205009088
INTENDED WIFE
Thandi Nkosi
22 Fredman Drive, Sandton 2196
Occupation: Senior Software Engineer
SA ID: 8003150000087
Occupation: Senior Software Engineer
SA ID: 8003150000087
Notary: André van Heerden
WITH ACCRUAL (s.2 MPA)
BE IT HEREBY MADE KNOWN that on the date set out below, at Cape Town, Western Cape, before me, André van Heerden (with offices at 15 Long Street, Cape Town 8001), a Notary Public duly admitted, sworn and practising as such in the Republic of South Africa, personally appeared Sipho Mthembu (currently unmarried (never married)) and Thandi Nkosi (currently unmarried (never married)) (together the "Intended Spouses"), who declared to me that they intend to enter into a marriage with one another at Cape Town, Western Cape on or about 15 December 2026, and that they intend to be married OUT of community of property, but WITH the inclusion of the accrual system as provided for in Chapter 1 of the Matrimonial Property Act 88 of 1984.
1.
MATRIMONIAL PROPERTY REGIME
The intended marriage shall be governed by the regime of Out of community of property — WITH the accrual system (Chapter 1 of the Matrimonial Property Act 88 of 1984). Accordingly, the accrual system as defined in sections 3 to 10 of the Matrimonial Property Act 88 of 1984 shall apply, and on dissolution of the marriage (whether by death or divorce) the spouse whose estate has shown the smaller accrual shall be entitled to claim from the other spouse an amount equal to 50% of the difference between the accruals of the respective estates, calculated in accordance with that Act.
2.
COMMENCEMENT VALUES OF ESTATES
For the purposes of the accrual calculation, the net commencement values of the intended spouses' respective estates are declared as follows:
Husband (Sipho Mthembu): ZAR 1 500 000.
Wife (Thandi Nkosi): ZAR 800 000.
The commencement values shall be adjusted for inflation in accordance with the weighted Consumer Price Index (CPI) published by Statistics South Africa from time to time, in line with section 4(1)(b)(iii) of the Matrimonial Property Act.
Husband (Sipho Mthembu): ZAR 1 500 000.
Wife (Thandi Nkosi): ZAR 800 000.
The commencement values shall be adjusted for inflation in accordance with the weighted Consumer Price Index (CPI) published by Statistics South Africa from time to time, in line with section 4(1)(b)(iii) of the Matrimonial Property Act.
3.
STATUTORY EXCLUSIONS FROM ACCRUAL (S.5 MPA)
Without limiting the generality of section 5 of the Matrimonial Property Act 88 of 1984, the intended spouses confirm that the following are automatically excluded from each spouse's accrual calculation, together with all proceeds, growth and replacement assets: (a) any asset inherited during the marriage, by intestate succession or under a will; (b) any asset received as a donation from a third party (other than donations between the spouses); (c) any damages award for non-patrimonial loss (defamation, personal injury, emotional shock, contumelia and the like); and (d) any other asset declared excluded in this contract.
4.
SPECIFIC ASSETS EXCLUDED FROM ACCRUAL
The intended spouses agree that the following specific assets, together with all proceeds, growth and replacement assets, shall be excluded from each spouse's accrual calculation:
Husband's exclusions:
The Husband excludes from the accrual: (a) his 30% shareholding in Mthembu Holdings (Pty) Ltd (Reg 2018/123456/07) including all proceeds and growth on those shares; (b) the residential property at Erf 1234 Berea Township, Durban; (c) his Old Mutual Retirement Annuity Fund balance as at the date of marriage (approximately R450,000); (d) the family heirloom watch collection valued at R85,000.
Wife's exclusions:
The Wife excludes from the accrual: (a) all intellectual property rights in software code authored before the marriage, including her 100% shareholding in Nkosi Software (Pty) Ltd (Reg 2020/987654/07); (b) her Allan Gray Living Annuity (account number AG-1234567) as at the date of marriage; (c) the Esther Mahlangu artwork collection valued at R250,000.
Husband's exclusions:
The Husband excludes from the accrual: (a) his 30% shareholding in Mthembu Holdings (Pty) Ltd (Reg 2018/123456/07) including all proceeds and growth on those shares; (b) the residential property at Erf 1234 Berea Township, Durban; (c) his Old Mutual Retirement Annuity Fund balance as at the date of marriage (approximately R450,000); (d) the family heirloom watch collection valued at R85,000.
Wife's exclusions:
The Wife excludes from the accrual: (a) all intellectual property rights in software code authored before the marriage, including her 100% shareholding in Nkosi Software (Pty) Ltd (Reg 2020/987654/07); (b) her Allan Gray Living Annuity (account number AG-1234567) as at the date of marriage; (c) the Esther Mahlangu artwork collection valued at R250,000.
5.
DONATIONS BETWEEN SPOUSES
Donations between the intended spouses (whether before or during the marriage) are permitted under section 22 of the Matrimonial Property Act 88 of 1984 and shall not be invalidated by reason of the matrimonial relationship. Such donations are subject to the donations-tax framework under the Income Tax Act 58 of 1962, but enjoy the spouse-to-spouse exemption under section 56(1)(b) of that Act.
Specific donations contemplated: No specific donations are contemplated at the date of this contract. The enabling clause preserves the spouses' right to make donations under section 22 MPA and section 56(1)(b) Income Tax Act.
Specific donations contemplated: No specific donations are contemplated at the date of this contract. The enabling clause preserves the spouses' right to make donations under section 22 MPA and section 56(1)(b) Income Tax Act.
6.
SPECIAL POWER OF ATTORNEY — DEEDS OFFICE REGISTRATION
The intended spouses hereby grant a Special Power of Attorney to the Notary Public to lodge this antenuptial contract for registration in the Deeds Office of the area in which it was executed, within 3 (three) months of the date of execution; to take all steps necessary, including signing supplementary documents and correcting any rejections, to procure registration; and to deliver the registered original to the spouses jointly upon completion.
7.
BUSINESS INTEREST PROTECTION
The Husband's 30% shareholding in Mthembu Holdings (Pty) Ltd (Reg 2018/123456/07) is excluded from the accrual. Any growth in the value of those shares, dividends declared and proceeds of any sale or buy-back remain the Husband's separate property. The Husband retains sole authority over any business decisions relating to Mthembu Holdings (Pty) Ltd and is not required to consult the Wife on such decisions. The Wife's 100% shareholding in Nkosi Software (Pty) Ltd is similarly excluded from the accrual and remains subject to the Wife's sole authority.
8.
FORFEITURE OF BENEFITS (S.9 DIVORCE ACT)
The intended spouses expressly preserve the court's discretion under section 9 of the Divorce Act 70 of 1979 to order forfeiture of patrimonial benefits in the event of divorce, where the court is satisfied that, having regard to the duration of the marriage, the circumstances which gave rise to the breakdown, and any substantial misconduct, one spouse will in relation to the other be unduly benefited if a forfeiture order is not made.
9.
LIFE INSURANCE FOR SURVIVING SPOUSE
Each spouse undertakes to maintain in force a life insurance policy with a sum insured of not less than ZAR 5 000 000, with the other spouse named as primary beneficiary. The cession lapses on divorce or upon the spouses entering into a postnuptial contract amending this provision. The policy shall be reviewed by the spouses annually and adjusted for inflation.
10.
DEEDS OFFICE REGISTRATION AND APPLICABLE LAW
This antenuptial contract shall be registered in the Deeds Office of the area in which it was executed within 3 (three) months of the date of execution, in accordance with section 86 of the Deeds Registries Act 47 of 1937, failing which it shall have no force or effect against third parties (although it remains valid between the spouses themselves). The intended spouses or their notary may apply to the High Court under section 87(b) of the Deeds Registries Act for an extension of this period on good cause shown. This contract shall be governed by and construed in accordance with the laws of the Republic of South Africa.
11.
GENERAL PROVISIONS
Entire Agreement: this antenuptial contract constitutes the entire agreement between the intended spouses regarding their matrimonial property regime.
Amendment: any amendment after the marriage requires a registered postnuptial contract under section 21 of the Matrimonial Property Act 88 of 1984, which in turn requires the leave of the High Court and joint application by the spouses.
Severability: if any provision is held invalid, the remaining provisions remain in force.
Statutory Compliance: nothing in this contract limits any right conferred on either spouse by the Matrimonial Property Act, the Divorce Act, the Maintenance Act 99 of 1998, the Constitution of the Republic of South Africa, 1996, or any other applicable law, which shall prevail in the event of conflict.
Amendment: any amendment after the marriage requires a registered postnuptial contract under section 21 of the Matrimonial Property Act 88 of 1984, which in turn requires the leave of the High Court and joint application by the spouses.
Severability: if any provision is held invalid, the remaining provisions remain in force.
Statutory Compliance: nothing in this contract limits any right conferred on either spouse by the Matrimonial Property Act, the Divorce Act, the Maintenance Act 99 of 1998, the Constitution of the Republic of South Africa, 1996, or any other applicable law, which shall prevail in the event of conflict.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
INTENDED HUSBAND
Sipho Mthembu
unmarried (never married)
Intended Spouse
Date: ____________________
INTENDED WIFE
Thandi Nkosi
unmarried (never married)
Intended Spouse
Date: ____________________
NOTARY PUBLIC
André van Heerden
Notary Practice NOT 1234/2020
Notary Public
Date: ____________________
WITNESS 1
Lerato Naidoo
SA ID 8511125009089
Witness
Date: ____________________
WITNESS 2
Pieter van der Merwe
SA ID 7505105009087
Witness
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is an Antenuptial Contract (ANC)?
An Antenuptial Contract (ANC) is the formal pre-marriage agreement by which intended spouses elect a matrimonial property regime OTHER than the default in community of property. Under South African law, every civil marriage that takes place WITHOUT a registered ANC is automatically in community of property: both spouses' assets, money and debts merge into one joint estate, and on divorce or death the estate is split 50/50. An ANC switches the regime to either out of community WITH the accrual system (the SA market norm) or out of community WITHOUT the accrual system (complete separation).
The regime is set by the Matrimonial Property Act 88 of 1984. Section 2 of the Act provides that EVERY marriage entered into out of community of property from 1 November 1984 onwards is AUTOMATICALLY subject to the accrual system UNLESS the accrual is EXPRESSLY EXCLUDED in the ANC. WITH accrual: each spouse keeps their pre-marriage assets, but at end of marriage the spouse whose estate grew less shares 50% of the difference between the growths (fair-sharing without joint ownership). WITHOUT accrual: complete asset separation throughout the marriage AND at end — each spouse keeps everything they earned. Section 5 automatically excludes inheritances, donations and non-patrimonial damages from the accrual calculation.
An ANC has strict formal requirements: (a) it must be executed before the marriage; (b) it must be attested by a Notary Public who is not closely related to either spouse; (c) both spouses must sign in the presence of two competent witnesses; (d) it must be registered in the Deeds Office within 3 months of execution (section 86 of the Deeds Registries Act 47 of 1937). Failure to register within 3 months means the ANC has no force or effect against third parties — effectively defaulting to community of property despite the spouses' intention. The High Court may extend the 3-month period on application under section 87(b). This template generates the ANC draft ready for the notary; SA market cost for notarial execution and Deeds Office registration is typically R1,500-R1,950.
What's Covered in This Template
Nine sections covering every required element plus expert-tier accrual exclusions, business protection and dissolution-stage provisions.
Intended Husband Details
Full name, SA ID, occupation, residential address, current marital status (never married / divorced / widowed / customary).
Intended Wife Details
Same fields as Husband.
Marriage Date + Place
Intended marriage date and place.
Regime Selector
Out of community WITH accrual (recommended SA norm) or WITHOUT accrual (complete separation) — drives statute citation in PDF.
Starting Net Values (Accrual Only)
Each spouse's net estate value at marriage — protects pre-marriage assets from accrual sharing.
Notary, Date & Place
Notary Public name, practice number, address; contract date + place.
Two Witnesses
Name + SA ID for each of two competent witnesses (Matrimonial Property Act requirement).
Accrual Exclusions + Inheritance (Expert)
Specific asset exclusions for each spouse + express section 5 MPA recital (inheritance + donation + non-patrimonial damages auto-excluded).
Donations Between Spouses (Expert)
Section 22 MPA + section 56(1)(b) Income Tax spouse exemption.
Special Power of Attorney (Expert)
Authorises notary to lodge at Deeds Office within 3-month window without spouses re-attending.
Business Interest Protection (Expert)
Ring-fence business interests against accrual sharing + sole authority preservation.
Forfeiture / Maintenance / Life Insurance (Expert)
Section 9 Divorce Act forfeiture + pre-agreed post-divorce maintenance + life-insurance cession for surviving spouse.
How to Create an Antenuptial Contract in South Africa
Five steps from drafting to a registered ANC at the Deeds Office.
- 1
Pick the Regime
Out of community WITH accrual is the SA market norm (fair sharing of marriage growth). WITHOUT accrual is for complete separation, often for very large asset disparities or where both spouses have established businesses. Marriage IN community of property is the default if no ANC is registered.
- 2
Record Pre-Marriage Asset Values
For WITH-accrual marriages, declare each spouse's net estate value at marriage so pre-marriage assets are protected from accrual sharing. List specific exclusions (business shares, family property, retirement annuities, intellectual property, heirlooms) in the Expert section.
- 3
Find a Notary Public
Must be an admitted, practising Notary Public who is NOT related to either spouse. Cost is typically R1,500-R1,950 all-inclusive for drafting, notarial execution and Deeds Office registration. Most family law firms have an in-house notary.
- 4
Both Spouses Sign Before the Notary + 2 Witnesses
Both intended spouses must appear in person before the notary, with two competent witnesses. Pre-print the Doxuno PDF, attend the notary, sign in their presence. The notary then signs and applies the notarial seal.
- 5
Register at the Deeds Office Within 3 Months
The notary lodges the ANC at the Deeds Office of the area in which it was executed within 3 months (section 86 Deeds Registries Act). Late registration requires a High Court application under section 87(b). After 3 months without registration, you default to community of property despite the ANC.
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Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
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Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
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Legal Considerations
A defective ANC has catastrophic consequences — full community of property by default.
This template generates the ANC DRAFT only. Notarial execution and Deeds Office registration are MANDATORY and must be completed by a Notary Public. This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African family law attorney or notary for advice specific to your situation.
Reviewed for South African law
Matrimonial Property Act 88 of 1984
The Matrimonial Property Act 88 of 1984 (MPA) is the cornerstone of SA matrimonial property law. Section 2 makes the accrual system the default for out-of-community marriages from 1 November 1984 unless expressly excluded. Section 4 defines the accrual calculation. Section 5 lists automatic exclusions (inheritance, donation, non-patrimonial damages). Sections 6-10 govern dissolution. Section 22 permits donations between spouses. Section 21 governs postnuptial contract amendments (requires High Court leave + joint application). A 2023 De Rebus article noted upcoming amendments to allow judicial discretion to override ANCs in narrow circumstances (Manelis v Manelis SCA judgment); the Act remains in force in its current form pending those reforms.
Notarial Execution and Deeds Office Registration
Under the common law and section 86 of the Deeds Registries Act 47 of 1937, an ANC has formal validity requirements: (a) attestation by a Notary Public who is NOT related to either spouse; (b) signature by both intended spouses in the presence of two competent witnesses; (c) execution BEFORE the marriage; (d) Deeds Office registration within 3 months of execution. Section 87(b) permits a High Court application for extension on good cause. Without registration: the ANC is valid between the spouses but has NO force against third parties — creditors and the world treat the marriage as in community of property. The High Court has, on application, extended registration in exceptional circumstances (notary error, postal delays) but the application is expensive (R15,000-R30,000 attorney fees) and not guaranteed.
Accrual Calculation and Section 7(3) Divorce Act
On dissolution of an out-of-community-WITH-accrual marriage, the accrual is calculated under section 4 of the MPA: each spouse's accrual = (current net value) - (commencement value, CPI-adjusted) - (excluded assets and their growth). The spouse with the smaller accrual claims half the difference. For out-of-community-WITHOUT-accrual marriages, complete asset separation applies BUT section 7(3) of the Divorce Act 70 of 1979 grants the court discretion to order a redistribution where the marriage was entered into BEFORE 1 November 1984, or in narrow current-law circumstances where one spouse made a substantial contribution to the other spouse's estate. The 2023 Manelis v Manelis SCA judgment confirmed the strict accrual calculation framework with no judicial discretion to override an ANC in standard cases.
Frequently Asked Questions
Create Your South African Antenuptial Contract Draft Now
Generate a Matrimonial Property Act 88 of 1984-compliant ANC draft ready for notarial execution and Deeds Office registration. Download your PDF in minutes; take it to a notary (R1,500-R1,950 SA market).
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