Ante-Nuptial Contract – why you should have an ANC professionally drafted

Ante–Nuptial and Pre–Nuptial Agreement

Schedule a Consultation with Advocate Muhammad Abduroaf

Our legal expert at our law offices is a professional legal drafter with years of experience in legal drafting and offering expert legal advice on specific family law topics. These family legal topics range from:

Child Maintenance
Ante-nuptial Contact
Change Matrimonial Property Regime
Child Adoption
Child Custody and Access
Domestic Violence Protection
Family Trust Registration
Fast Unopposed Divorces
Non-Compliance with maintenance orders
Parenting Plans
Postnuptial Contract Registration
Pre-nikkah Agreement

Once parties have decided to enter into a marriage, they may do so by having an Ante-Nuptial Contract (ANC) legally drafted, which will also be an indication of how they would want their assets to be governed during and after the marriage. Should parties decide to get married without an ANC, they will automatically be married in the community of property. Entering into an ANC allows parties to choose getting married out of community of property with or without the accrual regime.

Registering an Ante–Nuptial Contract

First of all, it is crucial to note that if you get married without an Ante Nuptial Contract, you are automatically married in community of property. But what exactly is the purpose of having an ANC?

An ANC is an agreement in black and white between two parties before entering into marriage. The agreement stipulates how assets will be dealt with in the event of divorce or death. Having an antenuptial contract benefits you in the following ways:

Debt incurred by the other party will not affect you financially due to the ANC in place.
The ANC allows the parties to remain separate in estates.
Parties will not need each other’s consent in financial dealings.
Parties can maintain their own financial independence.