Marriage is not only a romantic commitment, but also a legal partnership. Before tying the knot, it’s important to protect your individual assets and clarify your financial responsibilities. An Antenuptial Contract (ANC), also known as a prenup, sets out how your estate will be divided should your marriage end through divorce or death.
At MC Steenkamp Inc, our family-law attorneys guide couples through every step of drafting and registering an ANC that reflects fairness, transparency, and peace of mind
An Antenuptial Contract is a written document entered into before marriage that determines your marital property system. Without one, you are automatically married in community of property — meaning all assets and debts are shared equally. An ANC lets you choose a system that best suits your circumstances and financial goals.
We ensure your contract complies with the Matrimonial Property Act and is executed and registered correctly before your wedding.
If no ANC is signed, this system applies automatically. All assets and liabilities are shared equally. This can create challenges if one spouse has significant debt or wishes to protect business assets.
Each spouse retains complete ownership of their own assets and debts, both before and during the marriage. There is no sharing of profits or losses, and each person remains financially independent.
This is the most common choice among South African couples. Each spouse maintains separate estates during marriage, but shares in the growth (accrual) of the other’s estate upon divorce or death. It balances independence and fairness.
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