Marriage Contracts in South Africa: ANC vs Community of Property (2025 Guide)
Understanding the difference between Community of Property and Antenuptial Contracts (with or without accrual) is the most important financial decision you will make.
Getting married is one of the biggest legal contracts you will ever sign. In South Africa, if you don't sign a specific contract before your wedding day, the law automatically chooses one for you—and it might not be the one you want.
This guide explains the three main marriage regimes in South Africa: Community of Property, Antenuptial Contract (ANC) with Accrual, and Antenuptial Contract (ANC) without Accrual.
1. Community of Property (The Default)
If you marry without signing an Antenuptial Contract (ANC), you are automatically married in Community of Property.
How it works
- One Joint Estate: You and your spouse's assets and debts are merged into one single estate. Everything you owned before the marriage and everything you earn during the marriage belongs to both of you equally (50/50).
- Shared Risk: If your spouse gets into debt, you are liable for it. Creditors can come after the joint estate, meaning your assets could be seized to pay for your spouse's bad financial decisions.
- Joint Consent: You need your spouse's written consent for major financial transactions, such as buying a house, selling a car, or signing a surety.
Pros
- Promotes a sense of complete sharing and equality.
- No upfront legal costs to register a contract.
Cons
- High Risk: You are responsible for each other's debts. If one partner goes insolvent, both are affected.
- Less Freedom: You need permission for many transactions.
- Complicated Divorce: The joint estate must be divided 50/50, which can be messy.
2. Antenuptial Contract (ANC) Without Accrual
To be married out of community of property, you must sign an Antenuptial Contract (ANC) before a Notary Public before you get married.
How it works
- Complete Separation: There is no joining of estates. What is yours is yours, and what is theirs is theirs.
- Financial Independence: You keep your own assets and your own debts. You can buy and sell property without your spouse's consent.
- Protection from Creditors: If your spouse goes bankrupt, your assets are safe. Creditors cannot touch your property to pay your spouse's debts.
Pros
- Total Protection: Your assets are safe from your spouse's business risks or debts.
- Independence: You have full control over your financial life.
Cons
- Can Be Unfair: If one spouse stays home to raise children and earns less, they leave the marriage with nothing but their own (likely smaller) assets, while the breadwinner keeps everything they built up.
3. Antenuptial Contract (ANC) With Accrual
This is widely considered the fairest and most popular system in South Africa. It combines the protection of separation with the fairness of sharing.
How it works
- Separate During Marriage: During the marriage, you are effectively married "out of community of property." You have separate estates, separate debts, and full independence. You are protected from each other's creditors.
- Sharing at the End: If the marriage ends (death or divorce), you calculate how much each spouse's estate has grown (accrued) during the marriage.
- The Calculation: The spouse whose estate has grown less gets a claim against the spouse whose estate has grown more, for half the difference.
Example:
- Spouse A's estate grew by R1 million.
- Spouse B's estate grew by R4 million.
- The difference is R3 million.
- Spouse A gets half of that difference (R1.5 million) from Spouse B.
- Both walk away with equal growth (R2.5 million growth each).
Pros
- Best of Both Worlds: You get protection from debt during the marriage, but fair sharing of wealth if it ends.
- Fairness: Recognizes that marriage is a partnership.
Cons
- Upfront Cost: You must pay a lawyer (Notary) to draft and register the contract.
4. Comparison Table: At a Glance
| Feature | Community of Property | ANC Without Accrual | ANC With Accrual | | :--- | :--- | :--- | :--- | | Assets | Shared 50/50 | Completely Separate | Separate during, shared growth at end | | Debts | Shared (You are liable) | Separate (You are safe) | Separate (You are safe) | | Consent Required? | Yes, for major deals | No | No | | Cost | Free (Automatic) | Legal fees apply | Legal fees apply | | Best For | No assets/debts | Second marriages / High net worth | Most couples |
5. The Cost of an ANC
An Antenuptial Contract must be signed by you and your partner in front of a Notary Public and then registered in the Deeds Office.
- Average Cost: Between R1,500 and R4,500 depending on the complexity and the law firm.
- Timing: It MUST be signed before the wedding ceremony. If you sign it afterwards, you have to apply to the High Court to change your regime, which costs R15,000 – R30,000.
6. Changing Your Marriage Regime Later
Did you get married in Community of Property by mistake? You can change it, but it's expensive.
You will need to bring a Section 21 Application to the High Court.
- You must notify all your creditors.
- You must prove that no creditor will be prejudiced by the change.
- Both spouses must agree.
Cost: R15,000 to R30,000 (legal fees and advertising costs).
FAQ
Can we write our own ANC? No. It must be drafted and attested by a Notary Public and registered in the Deeds Office to be valid against third parties (like banks).
What happens if we don't sign anything? You are automatically married in Community of Property.
Does the accrual system apply to assets I owned before marriage? No. You declare your "commencement value" in the contract. That value (adjusted for inflation) is excluded from the sharing calculation.
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