Will a South African Antenuptial Contract (ANC) protect you if you get married abroad?

Global mobility has become increasingly common. Many South Africans are emigrating, holding dual citizenship, or choosing to marry abroad. One question that often arises is:

"If we have our wedding in South Africa but our legal marriage takes place in London, should we still sign a South African Antenuptial Contract?"

The answer is not always straightforward.

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A South African Antenuptial Contract (ANC) is designed to regulate the matrimonial property system of marriages concluded in terms of South African law. However, where the legal marriage is celebrated in another country, the matrimonial property consequences of that marriage are generally governed by the laws of that jurisdiction.

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Consider the following example:

A bride is a dual South African and British citizen, while the groom is a British citizen. They plan to celebrate their wedding with family in South Africa but intend to legally marry in London.

Although they may wish to keep their estates separate, protect future assets and ensure that each spouse remains responsible for his or her own debts, a South African ANC may not achieve those objectives if the legal marriage is governed by the laws of England and Wales.

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Before signing any matrimonial property agreement, couples should establish:

• Where the legal marriage will be solemnised.
• Which country's laws will govern the matrimonial property regime.
• Whether a local prenuptial or marital agreement is required in that jurisdiction.
• How assets situated in different countries will be treated.

Seeking legal advice in both jurisdictions before the marriage can prevent costly disputes and ensure that the parties' intentions are properly documented and recognised.

As legal practitioners, we frequently see clients assume that a South African ANC will automatically be recognised internationally. Unfortunately, that is not always the case.

Every cross border marriage presents unique legal considerations. Obtaining advice before the wedding is far simpler and considerably less expensive than attempting to resolve uncertainty after the marriage has been concluded.

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Planning an international marriage? Make sure your legal arrangements travel with you, not just your luggage.