Antenuptial Contract Calculator South Africa
Compare marital property regimes — Community of Property, ANC with Accrual, ANC without Accrual — and calculate the accrual claim, estate duty impact, and 20-year cost before you marry.
Understanding Antenuptial Contracts in South Africa How it works • Regimes • Example
What Is an Antenuptial Contract?
An antenuptial contract (ANC) is a legal agreement signed before marriage that determines how assets and liabilities are divided between spouses. Without an ANC, South African law defaults to Community of Property (COP), meaning all assets and debts are shared equally.
ANCs are governed by the Matrimonial Property Act 88 of 1984. They must be signed before a notary public and registered at the Deeds Office within 3 months of the marriage date. Failure to register within this period renders the contract void against third parties.
The Three Marital Regimes
- Community of Property (COP): All assets and debts before and during marriage are shared 50/50. One spouse's debts become both spouses' liability. Default regime if no ANC is signed.
- ANC with Accrual: Each spouse keeps their pre-marriage assets. On divorce or death, the growth (accrual) during marriage is shared. Commencement values are set in the contract. Exclusions (inheritances, donations, RA funds) can be written in per Section 6.
- ANC without Accrual (Complete Separation of Property): Each spouse keeps all assets independently — before and during marriage. No sharing on divorce or death. Offers maximum asset protection but can disadvantage a homemaker spouse.
Worked Example — The Nkosi-Botha Marriage
Thabo Nkosi (assets: R1,500,000 — property and investments) and Liezel Botha (assets: R800,000) are getting married. Their notary sets commencement values: Thabo R200,000, Liezel R100,000.
After 20 years at 6% annual growth: Thabo's estate grows to approximately R4,811,435 and Liezel's to R2,566,365.
Accrual calculation (if ANC with Accrual): Thabo's accrual = R4,811,435 − R200,000 (commencement) = R4,611,435. Liezel's accrual = R2,566,365 − R100,000 = R2,466,365. Difference = R2,145,070. Liezel claims half: R1,072,535.
Under COP: Total estate of R7,377,800 split 50/50 = R3,688,900 each. Thabo loses significantly more.
ANC cost: Notary drafting R5,500 + Deeds Office registration approximately R1,500 = R7,000 once-off.
Frequently Asked Questions
What is the difference between an ANC with and without accrual?
An ANC with accrual means each partner keeps their own pre-marriage assets, but the growth (accrual) accumulated during the marriage is shared on divorce or death. The partner with the smaller accrual can claim half the difference. An ANC without accrual means complete separation — no sharing of any assets at any point. The accrual system provides a balance between fairness and asset protection.
Can I change from Community of Property to ANC after marriage?
Yes, but it requires a High Court application under Section 21(1) of the Matrimonial Property Act. Both spouses must consent, creditors must be notified, and the court must be satisfied it will not prejudice third parties. Legal costs can reach R15,000–R50,000 and there is no guarantee of approval. It is far cheaper and simpler to sign an ANC before marriage.
What assets are excluded from the accrual calculation?
Under Section 6 of the Matrimonial Property Act, you can explicitly exclude from the accrual: assets inherited during the marriage, assets received as donations, retirement annuity (RA) fund benefits, and any other asset specified in the contract. These exclusions must be stated by description in the ANC document. Without an explicit exclusion clause, all growth during the marriage is included in the accrual.
How does an ANC protect against a spouse's business debts?
Under Community of Property, if your spouse's business fails, creditors can attach both spouses' assets — including your personal savings, car, and home. An ANC creates separate estates, meaning creditors of one spouse can only pursue that spouse's assets. This is critical for entrepreneurs, business owners, and professionals with personal liability exposure. The ANC without accrual offers the strongest protection.
How much does an antenuptial contract cost in South Africa?
A standard ANC drafted by a notary public typically costs R3,000 to R8,000 (excluding VAT), depending on complexity and the notary's tariff. Deeds Office registration adds approximately R1,000 to R2,500. Complex ANCs with detailed asset schedules or trust structures may cost more. The ANC must be signed before the marriage ceremony — not after.