Quick answer
Use a practising notary for a new South African antenuptial contract. An ordinary certification cannot replace the notarial execution required for an ANC. If the contract already exists, however, the task may be narrower: you might need a registry copy, a certified copy for a particular recipient, or a separate apostille or authentication process for foreign use.
How to use this guide
The safest way to decide is to name the result you need, not merely ask for a document to be “certified”.
Use this formality decision card
| What you need to achieve | Likely work product | Why ordinary certification is not enough |
|---|---|---|
| Create an ANC before marriage | A contract settled and attested by a practising notary | Certification only compares a copy with an original or confirms a narrower act; it does not execute the ANC |
| Understand or revise a draft ANC | Advice and drafting from a suitably qualified practitioner | A stamp on a copy does not explain accrual, exclusions, values or the consequences of the clauses |
| Prove that an ANC was registered | Registration particulars or a copy obtained through the deeds-registry process | A certified copy of a client-held document does not by itself prove what the registry records |
| Supply a copy to a bank, employer or other recipient | The exact copy or certificate the recipient accepts | The recipient may distinguish between a plain scan, certified copy, notarial copy and registry-issued copy |
| Use an ANC-related document abroad | The recipient-approved document plus the correct foreign-recognition chain | Notarial execution, registration, apostille and authentication are separate stages with different functions |
Do not choose the row from a label in an email. Ask the person or institution requesting the document to state the exact document, issuing source, certification and destination-country requirements in writing.
Why a new ANC is a notarial matter
Sections 86 and 87 of the Deeds Registries Act govern formal antenuptial contracts and their registration. For an ANC executed in South Africa, section 87 requires attestation by a notary and registration in a deeds registry within three months after execution, unless a court allows an extended period. The registration rule matters to the contract’s effect against people who were not parties to it.
That formal route is different from taking a photocopy to a commissioner of oaths. A commissioner’s ordinary copy certification is evidence that the copy was compared with the original presented. It does not create a new ANC, attest it as a notarial contract or place it on the deeds-registry record.
The notary’s role is also not just to witness ink on paper. Before execution, the proposed property system, accrual position, commencement values, exclusions and tailored clauses may require explanation and drafting on the actual facts. The substantive questions to ask an ANC notary belong in that legal consultation, not in a copy-certification request.
If the ANC already exists, identify the proof required
A later request for “the ANC” can refer to several different things:
- the signed notarial contract retained by a spouse;
- the notary’s copy or protocol record;
- proof of deeds-registry registration;
- a copy obtainable from the deeds registry;
- a certified copy made from an original presented to the certifier; or
- a copy prepared for use by a foreign authority.
These are not interchangeable. Ask the recipient whether it needs the complete registered instrument, the registration number and office, a registry copy, or only a copy certified for an internal administrative purpose. If registration is uncertain, do not describe the contract as registered merely because it was signed before a notary.
The South African Government’s deeds-registry information service states that the registry holds copies of antenuptial contracts and explains how a person can request deeds information. Search details and fees can change, so verify the current process rather than relying on an old copy or undated screenshot.
A normal certified copy has a limited job
An ordinary certified copy can be appropriate when a recipient wants a copy shown to be a true copy of an original. That is a useful evidential function, but it does not answer these questions:
- Was the ANC validly executed before the marriage?
- Was it registered within the applicable statutory period?
- Does the copy include every page, schedule, endorsement and registration detail?
- Does the document create the matrimonial-property result the parties intended?
- Will a foreign authority accept the copy or require another certificate?
The person certifying a copy should not be asked to turn a disputed, incomplete or unregistered instrument into something it is not. Where the legal status or registry history is unclear, obtain a source record and advice.
Foreign use is another decision, not a stronger certification
An apostille or authentication does not create an ANC, repair late execution, prove registration or validate the truth of its clauses. It addresses the origin of a public document or the relevant signature, capacity and seal in the applicable recognition chain.
Before preparing an ANC-related document for another country, obtain the foreign recipient’s written requirements and use the apostille versus authentication guide to classify the route. The document’s origin, destination, type and issuing authority all matter. If a completed ANC package is already ready to leave South Africa, use the separate final dispatch checklist rather than repeating the execution decision.
What to send when asking a firm which service applies
Send a short, redacted enquiry before transmitting sensitive financial records. Include:
- whether the ANC is new, drafted, signed, registered or only alleged to exist;
- the planned or actual marriage date and type;
- where the document was or will be executed;
- the exact outcome requested by the recipient;
- any deeds-registry reference already available;
- the destination country and receiving authority, if foreign use is involved; and
- the deadline and the written instruction that created it.
Do not attach passports, bank statements, signatures or a complete asset schedule to an unverified address. First confirm the firm, responsible practitioner and secure intake channel. The ANC document-preparation guide explains how to organise the evidence once the service has been classified.
Stop and obtain specific advice when the timing is uncertain
The ordinary new-ANC route assumes the parties are still legally able to execute an antenuptial contract before marriage. A planned celebration date is not always the only legally relevant date. Prior civil, customary, religious or foreign marriage events can change the analysis.
If there is any possibility that a marriage already exists, do not solve the issue with a certified copy or a backdated document. Give the practitioner the complete relationship and ceremony chronology. A post-marriage change of matrimonial-property system follows a different, court-supervised route and cannot be treated as routine notarial certification.
FAQs
Can a commissioner of oaths certify a new antenuptial contract?
Ordinary copy certification cannot replace the notarial attestation required for a formal South African ANC. A practising notary must handle the execution process for a new ANC.
Is a signed ANC automatically registered?
No. Execution and deeds-registry registration are separate events. Obtain the registration particulars or the appropriate registry record instead of assuming that a signed copy proves registration.
When might a certified copy of an ANC be enough?
It may be enough for a recipient's limited administrative purpose if that recipient confirms the format it accepts. It does not independently prove valid execution, registration or foreign acceptance.
Does an apostille replace the notary for an ANC?
No. An apostille is part of a separate foreign-recognition process. It does not create the ANC, settle its clauses, perform notarial attestation or cure a registration problem.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.