Antenuptial Contracts
Getting married is one of the biggest steps in life. Along with the excitement, it’s important to think about the legal side of marriage. One of the most important decisions you and your partner will make is whether to sign an Antenuptial Contract (ANC).
What is an Antenuptial Contract?
An antenuptial contract is a written agreement signed before marriage that sets out how your assets and finances will be managed during the marriage and what happens if the marriage comes to an end (whether by divorce or death).
If you do not sign an ANC, you will automatically be married in community of property, meaning everything you and your spouse own (and owe) is shared equally.
The Different Systems
1. In Community of Property (default if no ANC is signed)
- All assets and debts are shared equally.
- If one spouse has debts, creditors can claim against the joint estate.
2. Out of Community of Property without Accrual
- Each spouse keeps their own estate separate.
- What is yours stays yours, what is your spouse’s stays theirs.
3. Out of Community of Property with Accrual
- Each spouse keeps their own estate during the marriage.
- On divorce or death, the growth (“accrual”) of both estates is shared fairly.
- This system is often chosen because it protects both parties.
Why an ANC Matters
- Protects your assets and future financial security.
- Provides clarity and fairness if the marriage ends.
- Prevents one spouse’s debts from affecting the other.
- Gives you and your partner certainty and peace of mind.
How We Can Help
At LMVH Attorneys, we guide couples through the ANC process with ease. We:
- Explain the options in plain language.
- Draft an agreement tailored to your needs.
- Arrange for proper execution and registration.
Our aim is to make the process quick, simple, and stress-free so you can focus on planning your future together.
Contact us today to set up a consultation and let’s take care of your antenuptial contract.
Frequently Asked Questions – Antenuptial Contracts
1. When must an antenuptial contract be signed?
It must be signed before you get married. Once you are married, you cannot change your marital system without going through a costly High Court application.
2. Can we sign it after the wedding?
No, not in the normal course. If you forget to sign before the marriage, you will automatically be married in community of property. Changing it afterwards requires a High Court application, which is expensive and takes time.
3. How much does an antenuptial contract cost?
It depends on the complexity of your agreement, but a straightforward ANC is usually charged at a fixed fee. At LMVH Attorneys, we believe in transparent pricing and will confirm the cost with you upfront.
4. Do both spouses need to be present?
Yes, both parties must attend to sign before a notary. This ensures that both understand and agree to the terms.
5. Which system is the most popular?
Most couples choose out of community of property with accrual. It protects both partners while still keeping estates separate during the marriage.