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LEGAL ADVICE - SOUTH AFRICA  |  scroll down for UK

Legal Advice at Your Fingertips...

Debra Segrott - Legal Advisor
Debra Segrott - Legal Advisor

Get your Antenuptial Agreement NOW !!!

WARNING!  Re: Antenuptial Agreements


It is essential that if you are intending to get married and want to have an Antenuptial Contract of any sort in place, you need to present to your Marriage Officer, a Lawyer’s letter stating that such an agreement exists, 4 days PRIOR TO THE DATE OF YOUR MARRIAGE.

Invariably, time and again, couples get so caught up in the glitz and glamour, and the rush of the event, that they forget this very important part of their marriage agreement.


Failing to acquire the necessary agreement and a letter from the lawyer will have huge financial implications.  Here is a quote from our legal expert Debra Segrott, who has a Bachelor’s Degree in Family Law, and has been practising for years:


“Obviously, one can make application for the variation of the marital system from ‘in community’ to ‘out of community’ – just quite an expensive application because it is to the High Court and requires notice to be given to creditors, notices in the papers etc.   I would doubt it would be less than R10 000”.

It is no good approaching your Minister ‘after’ the marriage has been registered, and presenting him with a lawyer’s letter that an antenuptial contract exists.  There is nothing he can do ‘after the event’.


Couples should make this their No.1 priority.

Our preferred Family Law Legal advisor is
Look no further to get your Antenuptial Agreement drawn up by a Family Law Expert with a Masters Degree and years of expert experience. She is also a part time Magistrate in the Family Courts in Cape Town, and is well-known from Radio SAFM.

1A Grotto Mews
Grotto Road
Rondebosch, 7701
Office    021 689 2194
Fax       021 689 7455
Email  - Debra
Nafia  - secretary

Ilhaam - secretary
Office hours 8h30 to 16h30 Monday to Friday.

Prospective parties to a marriage should ensure that they are allowed to marry; that they understand the legal consequences of a marriage, particularly that marriages in South Africa are automatically in community of property, unless a valid antenuptial contract has been entered into before the marriage; and that their marriage will comply with all the legal requirements for a valid marriage. Should they be unsure of any of these, legal counsel should be sought before the marriage is entered into.

A Brief overview of Antenuptial Contracts

An Antenuptial Contract is a Marriage Contract that must be signed BEFORE the couple gets married.

In case you are confused, “ante” comes from Latin meaning “before” so this is a “before marriage contract” – not an “anti” or “against marriage contract”!

In South Africa there are 2 types of marriage contract:

1. Out of community of property with accrual (sharing) - (What the couple collect during the marriage is theirs)

2. Out of community of property without accrual (no sharing) - (What’s mine is mine, what’s yours is yours)

An Antenuptial Contract will help the couple to plan their marriage relationship together in a structured way based on a clear understanding from the start.

An Antenuptial Contract also plays a very important role in estate planning and asset protection to protect the couple together against the outside world.

The couple must ensure that the Antenuptial Contract is signed BEFORE they get married.

If the Antenuptial Contract is signed after the couple are married, they will need to do a High Court application with approval from all of their creditors- which will be an expensive and time consuming exercise!

AN "APOSTILLE" - Authentication of South African Marriage
Definition: APOSTILLE
Unabridged Marriage Certificates get stamped “Apostille” at the Cape Town High Court as authentication of certificate and issue.
Legalises official public documents executed within South Africa for use outside the Republic of South Africa by means of an Apostille Certificate or a Certificate of Authentication.
Please visit the official website for in-depth information and contact details.
The following authorities issue certificates of authentication:
Official website:

If you require an Unabridged Marriage Certificate, one can be obtained from the South African Department of Home Affairs and usually takes 6-8 weeks to obtain.

Matrimonial Property Act 88 of 1984

Civil Union Bill

Civil Union Gazette No 29439

Civil Union Act 06 Gazette No.29441

Review of Marriage Act

Marriage Act Amendments

Foreign Customary Unions & Marriages

For more legal assistance on South African Law CLICK here.

Legal Package for Newly Weds
Contact Fanie Botha
072 386 8849

Schoemanlaw Inc Attorneys, Conveyancers and Notaries Public, based in Cape Town, is a boutique law firm that offers a wide range of legal services.
Tel: 27 (0) 21 425 5604


All'apostilles' for the affected classes of documents, including Police Clearances, Marriage Certificates and Birth Certificates are issued in Pretoria by the Department of International Relations & Cooperation (DIRCO). We have a dedicated courier service to DIRCO via our Gauteng offices.

Contact: Tinus van der Berg  -
021 439 2304  |  082 440 7223  |  086 668 2798 (fax)

How to go about getting the UMC ...
The same principle should apply wherever couples may be located:
1. The couple must first apply for the UMC in person;
2. Back in their own country they must obtain an affidavit at the overseas SA Embassy that they are no longer in SA;
3. Email me a Power of Attorney authorising my firm to collect the UMC on their behalf;
4. If an apostille or authentication is needed, our firm will be able to do so;
5. UMC/apostille/authentication will be couriered to client.


Rollingsons London

Documents required in the absence of Letters of Non-Impediment, Advice regarding Pre-Nuptial Agreements [Antenuptial contracts]
Rollingsons Solicitors Limited
Contact Steven Gasser - Tel +44(0)20 7611 4849



Impilo is and accredited adoption child protection organization.  We were established in 2003. Impilo provides services to orphaned, vulnerable and abandoned children, to birth parents who cannot care for their child and who want to place their children in adoption and  we screen and assess adoption applicants and place children with adoptive families.  We offer post adoption support.

Contact: Sue Krawitz - 011 640 1343  |

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Muzeina Snell - Immigration Consultant
Registered Immigration Practitioner: Nr.2007/01/0450
Email:  |  Fax2E-mail: 086 7754 540
Tel: 021 419 0934 | 082 601 2810
National Telephone Number: 0861 644 728 (from inside SA only)
Address: 2nd Floor Standard Bank Building, 1 Thibault Square,
Cape Town 8001, South Africa
P O Box 6844, Roggebaai, Cape Town 8012, South Africa


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