Marriage is a deeply personal commitment — but also a legal and financial one. In South Africa, many couples enter into marriage without understanding the default marital regime and the legal and financial consequences that follow.
Recent data from Statistics South Africa reveals that more than 20,000 civil marriages are dissolved annually, with divorce rates steadily climbing in the 30–39 age group — many of whom have built businesses, accumulated assets, or started families before or during marriage.
Despite this, a concerning number of couples fail to secure their financial futures with a legally binding Antenuptial Contract (ANC) or Postnuptial Contract — often until it’s too late.
1. What Is an Antenuptial Contract (ANC)?
An Antenuptial Contract is a legal agreement entered into before marriage that regulates how assets, liabilities, and financial matters will be handled during and after the marriage.
Without an ANC, couples are automatically married in community of property, meaning:
- All assets and debts are jointly owned
- Each partner is fully liable for the other’s financial obligations
- Creditors can target joint estates
With an ANC, the marriage is out of community of property, either with or without accrual, allowing financial independence while still enabling shared growth.
According to Stats SA, nearly half of all South African marriages today are concluded out of community of property, reflecting a growing awareness of legal protection.
2. What Is a Postnuptial Contract?
A Postnuptial Contract is entered into after marriage to legally change the marital regime — typically from in to out of community of property.
To do this, a couple must:
- Make a joint application to the High Court
- Prove full consent from both parties
- Notify creditors and the public
- Confirm there is no intent to defraud
Although more complex, postnuptial changes are legal and common — especially in second marriages or blended families.
3. Why Consider an Antenuptial or Postnuptial Contract?
To Protect Existing Assets
If one partner owns a business, property, or trust assets, an ANC protects those assets from automatic sharing or future disputes.
According to FinScope South Africa (2023), 30% of South African adults own or co-own a small business or side enterprise — yet most have no marital financial protection.
To Guard Against Spousal Debt
South Africa’s household debt-to-income ratio remains high — at nearly 62% (SARB, 2023). If your spouse accrues debt, and you’re married in community of property, you may be legally liable.
For Business Continuity
Entrepreneurs and professionals should separate personal finances from business risk. An ANC allows for clear legal and operational boundaries.
For Second Marriages and Blended Families
Inheritances, children from previous relationships, and complex estates demand legal clarity — which an ANC or postnup can provide.
4. Can I Still Change My Marital Regime If I’m Already Married?
Yes — through a postnuptial contract and High Court application.
Here’s what you’ll need:
- A fair postnuptial agreement
- Transparency with all assets and liabilities
- Court-approved application
- No prejudice to creditors or children
Postnuptial contracts are ideal for couples who married young, or without fully understanding the legal implications of in-community property.
An antenuptial or postnuptial contract doesn’t mean you don’t trust your partner — it means you respect your shared and individual futures.
At Shapiro & Haasbroek, we help couples protect what matters most.
