“I am getting married this year in terms of customary law. My fiancé and I are both professional persons and want to be married out of community of property so that we can each manage our own estates.
How can we go about this?”
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In South Africa, a customary marriage is automatically recognised as a marriage in community of property, unless the couple specifically enters into an antenuptial contract (ANC) before the marriage is concluded.
If you and your fiancé want to be married out of community of property, you must:
- Consult an attorney/notary before the marriage – An antenuptial contract (ANC) must be drafted and signed in the presence of a notary.
- Sign the ANC before the customary wedding ceremony – This ensures that your marriage will be legally recorded as “out of community of property.”
- Register the ANC – The notary will lodge it with the Deeds Office within 3 months of signing. This registration is what gives the ANC legal effect.
- Proceed with your customary marriage – Once the ANC is in place, your marriage will be recognised as valid, out of community of property, and your estates will remain separate.
⚠️ Important:
- If you do not sign an antenuptial contract before the ceremony, your marriage will by default be in community of property, meaning all assets and debts will be shared.
- If the marriage has already taken place, you can still apply to court jointly to change your marital property regime under section 21 of the Matrimonial Property Act, but this process is more costly and time-consuming.