Not many people know this but marriage contracts or antenuptial contracts are also kept at the Deeds Office. It is also possible to obtain a copy of your marriage or civil union contract from the land registry office of the district where the marriage or civil union took place i.e. if you were married in Pretoria, then the contract is kept at the Pretoria Deeds Office.

mydeedsearch.co.za offers a service whereby you can obtain a copy of a marriage contract (similar to a copy of a title deed document) and get it delivered to your E-Mail address.

Click here to request a copy of a Marriage Contract

Marriage contracts (antenuptial contracts) and civil union contracts are notarial acts that stipulate the specific rules governing the property of the spouses. They allow couples to choose a matrimonial regime adapted to their situation, because otherwise they are automatically subject to the partnership of acquests regime. They may also include gifts, as determined by the spouses.

A marriage contract defines who owns and administers property under the matrimonial regime chosen. It also makes it possible to decide how property that is not part of the family patrimony is to be divided in the event of:

• Divorce;
• Separation;
• Annulment of the marriage;
• Dissolution or annulment of the civil union; or
• Death of one of the spouses.

If you don't draw up an antenuptial agreement in South Africa then your marriage automatically defaults to "in community of property", and the state assumes that all assets and liabilities will be shared. There are pros and cons for this type of marriage.

Cons of being married in communion of property

• If one of you goes into debt, creditors have claim to all of your assets
• If one of you has your own business and becomes insolvent, your home and all assets, in both of your names, can be claimed by debt collectors
• There is no financial independence, certain transactions, such the sale of shares, need the consent of both parties
• If one partner should die, the estate of both the deceased and surviving partner will be wound up because it is a joint estate

Pros of being married in communion of property

• On death or divorce, the estate is divided equally

An antenuptial contract or ANC means that you are married out of community of property. The accrual system was initially introduced to protect women who may earn a lot less than their partners while married - but today applies to the partner who, for whatever reason, stays at home or works part-time.

There are two types of antenuptial contracts:

• Marriage out of community of property without accrual
• Marriage out of community of property with accrual

ANC with accural - If the accrual is not expressly excluded in the ANC it is automatically applied. With both contracts, assets and debts are separate at the time of entering into marriage.

ANC without accrual - assets acquired before or during the marriage remain separate throughout the course of the marriage. Assets are not shared and each partner has a separate estate.

Pros of having an antenuptial contract

• If one of you becomes insolvent, creditors may not attach the assets of the other
• If each of you owned property before the marriage, it remains in your respective names
• Each of you is legally obliged to offer financial support to one another should one of you be unable to support himself/herself

Cons of having an antenuptial contract

• ANC without accural - In the case of death or divorce, you are entitled only to those assets you have accrued in your name - should one of you choose to stay at home to raise children, that partner would not be entitled to the assets accumulated by the other partner
• ANC with accrual - each partner states the value of their respective assets at the beginning of marriage. Thereafter any assets are shared 50/50. One can state that specific assets be excluded from the accrual, such an inheritances, donations etc.

Click here to request a copy of a Marriage Contract