Antenuptial Agreement Notarisation
Antenuptial Agreement Notarisation In Pretoria and Johannesburg
Protect Your Assets Before Marriage With a Properly Drafted Antenuptial Agreement
An Antenuptial Agreement is one of the most important legal documents couples can sign before getting married in South Africa. This agreement determines how assets, liabilities, and financial interests will be managed during the marriage and in the event of divorce or death.
At Notarial Services by Global Apostille, we provide professional Antenuptial Agreement drafting, notarisation, and registration services in Pretoria and Johannesburg. Our Notary Public assists couples who want legal certainty, asset protection, and a properly regulated matrimonial property system before marriage.
An Antenuptial Agreement must be signed before the marriage takes place and must be notarised by a registered Notary Public. The agreement is then lodged and registered at the Deeds Office in order to become legally valid and enforceable. We assist South African citizens, foreign nationals, expatriates, business owners, and couples getting married locally or abroad.
What Is an Antenuptial Agreement?
An Antenuptial Agreement is a legal contract entered into by two people before marriage. The agreement determines that the marriage will be out of community of property, either with accrual or without accrual.
Without an Antenuptial Agreement, South African law automatically places spouses in community of property. This means all assets and debts become part of one joint estate.
An Antenuptial Agreement allows couples to protect certain assets, separate liabilities, and create financial clarity before entering into marriage.
Types of Antenuptial Agreements in South Africa
Marriage Out of Community of Property With Accrual
This option allows each spouse to retain ownership of assets owned before the marriage while sharing the growth accumulated during the marriage.
This option is often chosen by couples who want fairness while still protecting premarital assets.
Marriage Out of Community of Property Without Accrual
This option keeps both spouses’ estates completely separate during and after the marriage.
It is commonly selected where:
- One spouse owns a business
- One or both parties have significant assets
- There are children from a previous relationship
- Asset protection is important
Processing Time
Standard Processing
1 to 3 working days before signature appointment
Urgent Drafting Available
Same-day drafting may be possible for urgent matters subject to availability.
Deeds Office Registration
Approximately 7 to 10 working days after signature
Antenuptial Agreement Costs
Antenuptial Agreement Drafting & Notarisation
From
Deeds Office Registration
Additional registration fees may apply depending on the nature of the agreement and Deeds Office requirements.
We provide transparent quotations before work begins.
Important Legal Requirement
An Antenuptial Agreement must be signed before the marriage ceremony takes place.
Once the marriage has already occurred, the matrimonial property system cannot automatically be changed without a formal High Court application, which is significantly more expensive and time-consuming.
For this reason, couples are encouraged to finalise the agreement well before the wedding date.
Power of Attorney Overview
Why an Antenuptial Agreement Is Important
Many couples only realise the importance of an Antenuptial Agreement years later during financial disputes, divorce proceedings, debt complications, or estate administration.
A properly drafted agreement can help:
- Protect personal and business assets
- Prevent liability for a spouse’s debts
- Protect inheritance assets
- Clarify financial responsibilities
- Simplify estate planning
- Avoid disputes in future
If you own property, run a business, have investments, or expect future inheritance, an Antenuptial Agreement can provide significant legal and financial protection
Our Antenuptial Agreement Services
At Notarial Services by Global Apostille, we manage the full process from drafting to registration.
Our service includes:
- Drafting of the Antenuptial Agreement
- Professional legal consultation
- Notary Public notarisation
- Witnessing of signatures
- Deeds Office registration
- Guidance on accrual and non-accrual systems
- Assistance for South African and foreign couples
We ensure the agreement complies fully with South African matrimonial property law
Antenuptial Agreement Process
01.
Step One: Initial Consultation
We discuss your intended matrimonial property system and explain the legal implications of each option.
02.
Step Two: Drafting the Agreement
The Notary Public prepares your Antenuptial Agreement based on your instructions and legal requirements.
03.
Step Three: Signature Appointment
Both parties sign the agreement before the Notary Public prior to the marriage date.
04.
Step Four: Deeds Office Registration
The agreement is lodged and registered at the Deeds Office to ensure legal enforceability
Who Requires an Antenuptial Agreement?
Couples getting married in South Africa
South Africans marrying overseas
Business owners
Professionals and entrepreneurs
Foreign nationals marrying South African citizens
Individuals with investment portfolios or trusts
Frequently Asked Questions
Find answers to common questions about our notary public services, including requirements, turnaround times, and what to expect during the notarisation process.
Yes, but it must be signed before the marriage ceremony is conducted
You will automatically be married in community of property under South African law.
Yes. We regularly assist foreign nationals and mixed-nationality couples
In many cases, yes. However, some countries may require additional legalisation or apostille certification depending on where the marriage will be recognised.
Yes. We also assist with High Court Apostille and DIRCO Apostille services where required for international use.