Antenuptial Contracts in Gqeberha
Marriage is one of life’s biggest commitments — emotionally and financially.
At Pauw Attorneys in Gqeberha, we help couples protect each other and their future with clear, properly drafted Antenuptial Contracts (ANCs).
Our process is professional, efficient, and delivered at a fixed fee — no hidden surprises.
What is an Antenuptial Contract?
An Antenuptial Contract (often called an ANC) is a legal agreement signed before marriage that determines how your property and debts will be handled during the marriage and at its end — whether through divorce or death.
If you do not sign an ANC, South African law automatically deems your marriage to be in community of property, meaning all assets and liabilities of both partners merge into one joint estate.
An ANC allows you to choose a different matrimonial property regime that suits your situation, providing financial clarity and legal protection for both partners.
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Why an Antenuptial Contract Matters
Without an ANC:
- Everything you own and owe becomes shared equally.
- You may be held liable for your spouse’s debts.
- You could lose control over assets you built before marriage.
With an ANC:
- You can protect your personal assets and plan fairly.
- You can avoid creditors’ claims against your spouse affecting you.
- You can choose between with-accrual or without-accrual, depending on your goals.
- You both know where you stand — reducing uncertainty and potential disputes later.
It’s not about mistrust — it’s about
mutual protection and planning.
With Accrual
- Each spouse owns their own estate during the marriage.
- At the end, the increase (the “accrual”) in each estate is compared.
- The spouse whose estate grew less shares in the difference.
- It’s fair when both partners contribute to growth in different ways.
Example:
If Partner A’s estate grew by R2 000 000 and Partner B’s by R1 000 000, the difference is R1 000 000. Partner B is entitled to half of that difference (R500 000).
Without Accrual
- Each spouse’s estate remains separate before, during and after the marriage.
- There is no sharing of assets or growth.
- It’s ideal where partners prefer full independence — for example, business owners or second marriages.
Who Should Consider an Antenuptial Contract?
You should strongly consider an ANC if:
- Either of you owns a business, property, or valuable assets.
- Either partner has significant debt or personal liability.
- You are marrying later in life or for the second time.
- You have children from a previous relationship.
- You want to protect inherited or family assets.
- You are entering a customary marriage and wish to exclude community of property.
Timing is critical:
An ANC
must be signed before the marriage. Once you are married, changing the regime requires a
High Court application, which is costly and time-consuming.
Step 1: Consultation
We discuss your goals, explain with- and without-accrual options, and confirm your chosen structure.
Step 2: Information Gathering
You provide your certified IDs, proof of address, wedding details, and any asset or debt summaries.
Step 3: Drafting
We prepare your tailored ANC, written in clear, plain English for your review.
Step 4: Notarial Execution
You and your partner sign before our Notary Public in Gqeberha.
Step 5: Registration
Our Notary Public lodges the contract with the Deeds Office and issue you with a registered copy for safekeeping.
- Identity documents (We can assist with copies and certifying)
- Proof of address
- Wedding date and venue details
- Decision: with accrual or without accrual
- Disclosure of significant assets or businesses (if applicable)
Our Fees
We work on a fixed-fee basis, which includes:
- Consultation and advice
- Drafting of the contract
- Notarial signing before our Notary Public
- Deeds Office registration
This ensures complete transparency — no hourly surprises, no hidden costs.
For the current fixed fee, please contact us directly.
Why Choose Pauw Attorneys
- Based in Gqeberha (Port Elizabeth) — convenient and local.
- Experienced in family and matrimonial property law.
- Direct attorney access — no call-centre barriers.
- Fixed-fee transparency.
- Professional, courteous service built on clarity and trust.
Q: Do we really need an Antenuptial Contract?
If you’re comfortable sharing all assets and liabilities equally, then not necessarily. But most couples prefer the certainty and protection an ANC provides.
Q: Can we sign an ANC after the wedding?
No. It must be signed before marriage. If you already married without one, you’ll need a High Court application to change the regime.
Q: How long does registration take?
Registration depends on the Deeds Office’s turnaround but typically takes a few weeks after signing.
Q: Can foreigners marrying in South Africa sign an ANC?
Yes. The process is the same, provided both parties have valid identification and are legally free to marry.
Q: What happens if we forget to register the contract?
An unregistered contract may not protect you fully — especially against third-party creditors. Registration is essential.
Protect each other with clarity and confidence.
Our team will handle everything — from consultation to Deeds Office registration.
📞 083 554 8776
🏛 74 Kragga Kamma Road, Sunridge Park, Gqeberha
