No Prenup? Here’s What That Means
Married or about to marry without a prenup? You default to in community of property.
What In Community of Property Means in Practice
- All assets are shared — property, savings, vehicles, investments, business interests
- All debts are shared — even debts your spouse takes on without telling you
- You need written consent from your spouse for major financial decisions
- If your spouse is declared insolvent, your assets are part of the insolvent estate
For the full legal breakdown, see antenuptialcontracts.co.za.
Not Married Yet? You Still Have Time
If your wedding hasn’t happened yet, a prenup is quick, simple, and affordable.
R1,950 — we draft it, you sign it before a notary, we register it at the Deeds Office. Done.
Even if your wedding is days away, we may be able to help.
Already Married Without a Prenup?
You can still change your marriage regime, but it requires a High Court application:
1. Consult an Attorney
Both spouses must agree to the change.
2. High Court Application
An application is lodged setting out the reasons.
3. Government Gazette Notice
Creditors are notified and given the opportunity to object.
4. Court Order
Granted if no creditors are prejudiced.
5. New Contract Signed & Registered
Executed before a notary and lodged at the Deeds Office.
| Item | Detail |
|---|---|
| Cost | R15,000 – R25,000 |
| Timeline | 3 – 5 months |
For full details, see the postnuptial guide on antenuptialcontracts.co.za.