In South Africa, an Antenuptial Contract (ANC) must comply with specific legal formalities to be valid. Failure to meet these requirements can render the contract invalid, potentially resulting in a marriage being treated as in community of property.
- Execution Before Marriage, by a Notary Public
An ANC must be executed before the marriage and in the presence of a practicing Notary Public. If this is not done, the marriage automatically defaults to in community of property. - Written and Registered
According to Section 87 of the Deeds Registries Act 47 of 1937, an ANC must:
• Be in writing, and
• Be registered with the Deeds Registry Office within three months of execution.
Failure to register the contract on time will affect its legal validity. - Compliance with Public Policy
Like all contracts, the terms of an ANC must not be contrary to public policy. Provisions that violate this principle may render the contract unenforceable.
