An antenuptial contract must be executed in the presence of practising and admitted notary, who must not have a personal interest in the contract. The notary must affix his seal of office or embossing seal on the contract's last page, and the inner pages must be initialled. It is general practice to refer to the notary’s protocol number in the antenuptial contract.
The two intended spouses must sign the contract before two competent witnesses of at least 14 years of age who can give evidence in court. The place of execution must be stated in the contract, and if the parties sign on different dates, the latest date will be regarded as the date of the contract. If a third person is included in the contract, they must also sign it. Antenuptial contracts executed in South Africa must be registered in the office of the Registrar of Deeds within three months of the date of execution or within such an extended period as the court may allow if the application is made. Contracts executed outside South Africa must be attested by a notary and legalised and registered in a deed's registry within six months of the date of execution.
If a contract is not registered within the stipulated time, it will have no force or effect against third parties but will be valid between them. Registration of an antenuptial contract in any of the offices of the Registrar of Deeds is effective throughout South Africa.
