The default marriage regime in South Africa is in community of property, in which parties equally share in the assets and liabilities of the other upon death or divorce. An Antenuptial Contract is an agreement that allows two people married out of community of property, in which parties give up certain future rights to each other’s property in the event of a death or divorce. This, for example, means that the parties are not liable for the other’s sole debts, and allows each party to exclude certain assets obtained prior to the marriage.

The exclusion of the accrual system means that each party will retain their own estate prior to the marriage and will not share in the growth of each other’s estates during the marriage. The parties therefore retain what is theirs before, during and after the marriage, with no claim against the other.

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