What is an antenuptial contract?
An antenuptial contract is a notarial contract entered into before marriage that records how the financial side of the marriage will work. In practice, it usually means the marriage is concluded out of community of property, either with or without the accrual system. The right option depends on your circumstances, existing assets, future plans, and appetite for risk.
What should you think about before signing?
Before an antenuptial contract is prepared, there are a few practical questions that should be considered:
- Do you want the marriage to be out of community of property with accrual or without accrual?
- Do either of you have existing assets you want to keep separate?
- Does either person run a business or work in a higher-risk environment where asset protection matters?
- Do you want each spouse to remain responsible for their own debts?
- Are there assets that may need to be specifically excluded from accrual?
- When is the wedding date, and do we have enough time to prepare and sign before then?
These are the kinds of issues that usually shape the final structure. The outside page you shared also leans heavily on debt separation, asset protection, freedom to transact, and keeping control over one’s own estate as major reasons people choose an ANC.
The main matrimonial property options
OPTION A
Out of community of property with accrual
This is often chosen where the parties want separation during the marriage, but still want growth in their estates during the marriage to be shared in a structured way. The other site explains accrual as the sharing of the increase built up during the marriage.
OPTION B
Out of community of property without accrual
This is often chosen where the parties want separation during the marriage, but still want growth in their estates during the marriage to be shared in a structured way. The other site explains accrual as the sharing of the increase built up during the marriage.
OPTION C
In community of property
This is often chosen where the parties want separation during the marriage, but still want growth in their estates during the marriage to be shared in a structured way. The other site explains accrual as the sharing of the increase built up during the marriage.
How Barnard Helps
We keep the process practical. We explain the available options, identify what needs to be decided before the wedding day, prepare the contract, and guide you through the notarial process. The goal is not to overload you with theory, but to make sure the arrangement matches real life and is ready in time.
FAQs
Frequently Asked Questions
The ANC must be signed before the marriage is concluded.
Yes. That is one of the key decisions, and it affects how each estate is treated during the marriage.
That is often one of the clearest reasons to look carefully at an ANC and the option of separate estates.
They can often be dealt with specifically, depending on the structure chosen.
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