Do I Need a Prenup?

Do I Need a Prenup?

Honest advice from a qualified attorney: almost certainly yes.

You Need a Prenup If:

  • You own a business — without a prenup, your spouse co-owns 50% of it by default
  • You have debts — or your partner does — in community of property, all debts are shared
  • You own property, savings, or investments — a prenup protects what you bring in
  • One of you earns significantly more — accrual protects the lower-earning spouse
  • You’re getting married for the second time — protect assets for children from a previous relationship
  • You want financial independence — buy, sell, and borrow without needing permission
  • Your financial advisor told you to — they usually have good reasons

The Only Time You Might Not Need One

If both of you have minimal assets, no debts, no businesses, similar earning potential, and you’re genuinely comfortable sharing everything 50/50 including future debts — then in community of property may not be a problem.

But even then: your circumstances will change. You may start a business. You may inherit assets. A prenup costs R1,950 now. Changing your marriage regime later costs R15,000–R25,000 and requires a High Court application.

“But Getting a Prenup Means We Don’t Trust Each Other”

This is the most common objection — and it’s wrong. A prenup doesn’t mean you expect the marriage to fail. It means you’re making a responsible financial decision together.

  • It protects the lower-earning spouse through accrual
  • It protects both spouses from each other’s creditors
  • It prevents insolvency from destroying both estates
  • It means neither spouse needs the other’s permission for financial decisions

When Should I Get My Prenup?

6+ Months Before

Ideal timing. Discuss your options, read our guides, apply at your convenience.

3 Months Before

Still comfortable. Plenty of time for drafting, signing, and registration.

1 Month Before

Getting tight. Apply immediately.

2 Weeks Before

Urgent but possible. Contact us directly.

This Week

Extremely tight. Read about urgent prenups.

10 Minutes Now Saves You Thousands Later

Our online application takes about 10 minutes. R1,950 covers everything. Handled by a real law firm.

Start Your Prenup