Antenuptial contracts (ANCs) are important legal documents that define the marital regime for couples entering into marriage. A notary public plays an essential role in ensuring that these contracts are valid and legally binding. Here’s an overview of the notary public’s responsibilities in the process of executing an antenuptial contract.
Drafting and Execution of the Antenuptial Contract
The notary public’s main responsibility is to draft the antenuptial contract. This includes making sure the contract is in line with South African law and reflects the couple’s chosen marital regime, whether it’s community of property, out of community of property, or a marriage with accrual.
Once drafted, the contract must be signed in the presence of the notary public and two witnesses. The notary ensures that the contract is properly executed and that both parties understand the terms before signing.
Witnessing Signatures
Another key responsibility of the notary public is to witness the signing of the antenuptial contract. Both parties must sign in front of the notary, who verifies the authenticity of the signatures. This step ensures that both parties have agreed to the terms of the contract voluntarily and with full understanding.
The notary also confirms that both individuals are aware of the contract’s implications, reducing the risk of future misunderstandings.
Notarial Authentication
After the contract is signed, the notary public authenticates it by placing their official seal or embossing seal on the last page. This seal serves as proof that the contract has been officially notarised.
If the seal cannot be placed on the last page, the notary will initial each inner page to ensure the document’s validity.
Registration Assistance
While the notary does not handle the registration process, they ensure that the antenuptial contract is ready for registration at the Deeds Office. For the contract to be effective against third parties, it must be registered within three months of signing.
The notary ensures that the contract is in the correct form for registration, helping to ensure that the process goes smoothly.
Record Keeping
The notary public is also responsible for keeping a record of the antenuptial contract in their protocol. This record serves as a permanent record of the notarial act and can be referred to in the future if needed.
The notary public plays a key role in making sure an antenuptial contract is properly executed and legally binding. For anyone entering into an antenuptial contract, having a notary public involved is an important step in the process.
Ready to draft your antenuptial contract? Contact us
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.