The consequences of not registering an Antenuptial Contract in the Deeds Office

out of community of property south africaIn South African law for a couple to be married out of community of property (either with or without the application of the accrual system) in terms of section 2 of the Matrimonial Property Act 88 of 1984, they must enter into (and execute ie sign) an antenuptial contract. Importantly this must be done before the date of conclusion of marriage. Once the agreement is signed it must also be registered in the Deeds Office within three months from date of signature / execution.


Where parties do not enter into an antenuptial contract at all or do not do so in line with the applicable regulations, the couple will be married in community of property, which has very serious repercussions for both parties not only in relation to each other but also to third parties.

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