The two contracts share a purpose — they set the matrimonial property regime that governs a marriage — but they differ fundamentally in when they are signed, whether a court is involved, and how they take effect.
| Antenuptial Contract (ANC) | Postnuptial Contract (PNC) | |
|---|---|---|
| Timing | Before the marriage | After the marriage |
| Court involvement | None | High Court application required under section 21 of the Matrimonial Property Act |
| Notarial execution | Yes | Yes |
| Deeds Office registration | Yes, within 3 months of execution (section 87 DRA) | Yes, within the period set by the court order — typically 3 months |
| Notice to creditors | None | Government Gazette + registered post to each creditor |
| Effect | From the date of the marriage | From the date of registration of the postnuptial contract (prospective only) |
| Typical cost | Modest (single notarial document) | Substantially more (High Court application + notarial + Deeds Office + creditor notice) |
When an antenuptial contract is the right tool
You are about to marry. You and your partner want a clear, registered statement of the matrimonial property regime that will govern your marriage. The ANC is signed before the wedding by a Notary Public and registered at the Deeds Office within three months of execution. The regime begins on the date of the marriage.
If you are not yet married, please consider an antenuptial contract. It avoids the section 21 process entirely.
Antenuptial contracts — antenuptialcontracts.co.za →
When a postnuptial contract is the right tool
You are already married. The matrimonial property regime that now governs your marriage no longer suits you. You and your spouse want to change it, by way of a joint application to the High Court for leave to enter into a notarial postnuptial contract. The court must be satisfied of the requirements set out in section 21 of the Matrimonial Property Act. If the order is granted, the new regime begins from the date of registration of the postnuptial contract.
Two common misunderstandings
“Can we just sign an antenuptial contract now, after the wedding?” No. An antenuptial contract is, by definition, signed before the marriage. Once you are married, the route is a section 21 application.
“Will the new regime apply backwards?” No. The postnuptial contract operates prospectively. The previous regime continues to apply up to the date of registration of the new contract. Debts incurred under the previous regime continue to be governed by the previous regime, and the mandatory creditor-protection clause expressly preserves the rights of every creditor existing at the date of registration.