A lot of couples decide to construct their antenuptial agreements using legal service providers like LegalWise or Client × Legal. Even though these providers might draft the contract, significant legal procedures still need to be completed before it can be enforceable in South Africa.
We can help you with the notarial execution and Deeds Office registration process if you already have a pre-drafted antenuptial agreement to make sure everything is finished accurately and on schedule.
Does a Pre-Drafted Antenuptial Agreement Have Automatic Validity?
No. Even if your antenuptial contract has already been professionally drafted, South African law still requires that it be:
- Signed before a Notary Public
- Properly notarised
- Lodged at the Deeds Office
- Officially registered before the marriage
The antenuptial agreement will typically not be enforceable in court if these procedures are not followed.
When couples use online or third-party legal document suppliers, this is one of the most frequent misconceptions they encounter. The procedure involves more than just drafting the document. The agreement’s legal validity is derived from its notarisation and registration.
Why Notarisation Is Important
Antenuptial agreements are among the legal documents that a notary public, a particularly trained lawyer, is permitted to authenticate and execute.
The notarial procedure aids in ensuring:
- The contract conforms with legal requirements.
- The parties’ identities are appropriately confirmed.
- The contract is properly witnessed and signed.
- The document satisfies the registration requirements set forth by the Deeds Office.
We will thoroughly examine your pre-drafted contract to make sure it satisfies all legal and Deeds Office criteria before moving forward.
Time Is Important
Prior to the marriage, an antenuptial agreement needs to be recorded and notarised.
Crucially, the notarisation must take place before to the start of lobola discussions. Leaving the process too late can lead to needless legal issues and expensive court applications down the road.
Because of this, starting the treatment as soon as possible is always advised.
Our Pre-Drafted Antenuptial Contract Fees
Our fees are as follows if a third-party supplier has already produced your antenuptial agreement:
| Service | Fee |
|---|---|
| Notarisation | R850 |
| Lodgement and Registration (including Deeds Office disbursement of R500) | R1 500 |
| Total | R2 350 |
Both the professional notarial process and the Deeds Office’s registration and lodgement procedures are covered by these fees.
What We Require of You
To begin, we will require:
A draft of the antenuptial agreement
The parties’ respective identifying information
Your planned wedding date
We can promptly and effectively assist you with the signing and registration process after reviewing the paperwork.
Get Professional Assistance
The last legal requirements are crucial even if an antenuptial agreement has already been established. It is possible to make sure that your contract is legitimate, legal, and correctly recorded prior to your marriage by working with a knowledgeable Notary Public.
Please get in touch with us to begin the notarisation and registration process if you already have a pre-drafted antenuptial agreement.