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Onah Attorneys Inc • Johannesburg
Antenuptial Contract Attorneys – Marry Smart, Protect Both Estates
Without an antenuptial contract you are automatically married in community of property — one joint estate, shared debts, and exposure to each other’s creditors. Our attorneys draft and register antenuptial contracts (with or without accrual) that protect both spouses, and we handle the notarial execution and Deeds Office registration on strict pre-wedding timelines.
Call 011 042 8039Free Case AssessmentWhen you need antenuptial contract attorneys
Getting married and wanting out of community of property
Choosing between accrual and no accrual
Protecting a business or professional practice from a spouse’s creditors
Second marriages protecting children’s inheritances
Postnuptial change of matrimonial regime (Section 21 application)
Foreign nationals marrying South Africans
Excluding specific assets like inheritances or trusts from accrual
Registering an ANC signed but not lodged in time
How we handle your matter
Advice on regime
We explain in plain language how community of property, accrual and complete separation each play out in divorce, death and insolvency.
Drafting
We draft the ANC with tailored clauses — commencement values, excluded assets, and accrual formula that reflects your real position.
Notarial execution
The contract must be signed before a notary public prior to the marriage. We arrange execution around your schedule.
Deeds Office registration
We lodge the ANC at the Deeds Office within the 3-month statutory window and provide your registered copy.
Post-marriage changes
Already married in community? We bring the joint High Court application under Section 21 of the Matrimonial Property Act to change your regime.
Fees — transparent, agreed upfront
ANC drafting, notarial execution and registration is a fixed-fee service. Postnuptial regime changes involve a High Court application and are quoted upfront — including publication and creditor-notice costs.
Key legislation:
- Matrimonial Property Act 88 of 1984
- Deeds Registries Act 47 of 1937
Frequently asked questions
What happens if I marry without an antenuptial contract?
You are married in community of property by default: one joint estate, both spouses liable for each other’s debts, and creditor exposure across everything you own.
What is the difference between accrual and no accrual?
With accrual, each spouse keeps what they brought in but shares the growth of both estates during the marriage. Without accrual, estates remain fully separate forever.
Can we sign an ANC after the wedding?
Not an ANC — but you can jointly apply to the High Court under Section 21 of the Matrimonial Property Act to change your matrimonial regime. It is more expensive, so sign before you marry.
How long before the wedding must the ANC be signed?
It must be executed before a notary before the marriage is concluded — we recommend at least two weeks before, and it must be registered in the Deeds Office within 3 months of signature.
Does an ANC protect me from my spouse’s debt?
Yes. Married out of community, creditors of one spouse cannot attach the other spouse’s separate assets — critical for entrepreneurs and directors signing sureties.
Can we exclude my inheritance from the accrual?
Yes. Inheritances, legacies and specific listed assets can be excluded from the accrual calculation in the contract.
Speak to an Attorney Today
Get straight answers about antenuptial contract attorneys from a firm that fights to win. First consultation — no obligation, full confidentiality.
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