Prenup FAQ — Honest Answers From a Real Law Firm
Answered by Louwrens Koen Attorneys — 25+ years’ experience.
For comprehensive legal analysis, visit our detailed FAQ on antenuptialcontracts.co.za.
Is a prenup the same as an antenuptial contract?
Yes — identical. “Antenuptial contract” (ANC) is the official South African legal term. “Prenup” and “prenuptial agreement” are informal names for the same document. Same legal effect, same process, same cost.
How much does a prenup cost in South Africa?
We charge R1,950 all-inclusive — drafting, notarisation, and Deeds Office registration. Same price for accrual and no accrual. See our full pricing breakdown.
How long does it take to get a prenup?
From application to signing typically takes a few days. Deeds Office registration takes additional time. If your wedding is soon, we handle urgent matters regularly.
Can I get a prenup if I’m not in Pretoria?
Yes. We serve clients across South Africa by email and courier. We arrange for a notary in your area if needed.
My partner doesn’t want a prenup. What do I do?
Both parties must agree. If your partner is reluctant, reframe the conversation: a prenup protects both of you. It shields both partners from creditors, prevents insolvency from destroying both estates, and ensures fairness through accrual.
Does a prenup affect my home loan application?
Yes — usually positively. Banks prefer lending to people married out of community of property because each spouse’s liability is ring-fenced.
Can foreigners sign a prenup in South Africa?
Yes. If you’re marrying in South Africa, both parties can sign regardless of nationality. Foreign nationals need their passport details.
What if one of us is overseas right now?
It can be arranged. The partner abroad may need to sign a Power of Attorney before a notary in their country. Contact us for advice.
Do same-sex couples need a prenup?
Yes — the same rules apply. Couples married under the Civil Union Act default to in community of property, just like marriages under the Marriage Act.
Is a prenup from an online template valid?
Risky. A prenup must be signed before a notary public and registered at the Deeds Office. Templates don’t include these steps, and incorrect wording may make the contract unenforceable. For R1,950, professional drafting is the safer path.
Who drafts my prenup — an attorney or a website?
At Louwrens Koen Attorneys, your prenup is drafted by a qualified attorney and attested by a notary public. We are a registered law firm — not an anonymous online service. You can call us, email us, and visit our office in Pretoria.
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