Ante-Nuptial &

Co-Habitation Agreements

Start Your Marriage with Legal Clarity and Protection

At A de Bruyn Attorneys, we ensure your marital property arrangements are clear, fair and legally intact. An ante-nuptial contract is essential to define your financial and legal rights before marriage and avoid automatic community of property consequences.

Why You Need an Ante-Nuptial Contract

Without an antenuptial contract, you are married in community of property by default, which means all assets and liabilities,  including debts and business obligations are shared jointly. This can expose your personal or business assets to risk.

How We Assist You Legally:

  • Explain Marital Property Regimes: We provide detailed legal advice on the different regimes, including in community of property, out of community of property with or without accrual and their implications.
  • Identify Assets and Liabilities: We work with you to compile a full list of your assets, business interests and debts for accurate disclosure.
  • Draft a Custom Ante-Nuptial Contract: Tailored to your circumstances, including specific clauses for asset protection and insolvency shielding.
  • Insolvency Protection: We include provisions to protect your estate and business assets from claims arising from your spouse’s insolvency or debts.
  • Ensure Proper Execution: We oversee the signing of the contract before the marriage date and handle its registration at the Deeds Office to ensure validity.
  • Legal Compliance: We ensure the contract complies with South African legislation and protects your rights in property division, financial future and estate planning.
  • Clear Explanation: We make sure you understand the legal consequences and benefits of the contract before you commit.

Using a well-drafted ante-nuptial contract provides legal certainty and protects your interests throughout the marriage.

ADBAFeb2025 36 scaled 1

Co-Habitation Agreements

Not married, but building a life together? Protect it.

Living together doesn’t give you legal rights, but a contract does.

Under South African law, “common law marriage” does not exist. This means that unmarried couples living together do not automatically acquire legal rights to each other’s property, maintenance, or inheritance, regardless of the duration of the relationship.

That’s where a co-habitation agreement comes in.

What a Co-Habitation Agreement Does

It is a contract between two people in a romantic or domestic partnership, setting out their financial responsibilities, property ownership and agreed terms if the relationship ends either by separation or death.

It is not enforceable against third parties (such as banks, creditors, or SARS), but it is fully enforceable between the two parties who signed it, like any civil agreement.

We Help You:

  • Draft a Legally Binding Contract
    Clearly outlining who owns what, how living expenses are shared and what happens if the relationship ends.
  • Set Property & Financial Terms
    Define what each party contributes — including assets brought into the relationship, jointly acquired assets, and how debts are handled.
  • Include Maintenance & Parenting Arrangements
    Where applicable, we include terms about spousal-type support, care and contact with children, and maintenance, always subject to the Children’s Act.
  • Prevent Future Legal Disputes
    By agreeing in advance on exit terms, the risk of litigation and emotional conflict is greatly reduced.
  • Clarify Death-Related Matters
    While a co-habitation agreement does not override the laws of succession, it can include provisions for mutual wills or agreed funeral arrangements.

Important to Know:

  • A co-habitation agreement does not create marital rights.
  • It cannot bind third parties like creditors or the state.
  • It cannot override laws of intestate succession unless supported by a valid will.

However, between the parties, it is legally binding and enforceable in court if properly drafted and signed.