How to check a notary before you sign a contract that shapes your finances

Your finances are at stake. An antenuptial contract (ANC) sets the legal shape of how property and debt are handled if your marriage ends or someone dies. The notary you choose will draft or review this document, advise you on accrual versus no accrual, and lodge it with the Deeds Office. Pick one with shortcuts in mind, and you risk ambiguity, missing clauses, or a contract that doesn't protect what you intended. Spend time vetting upfront, and you pay for thoroughness now instead of litigation later.

The tension is real: you want speed and reasonable cost, but also a notary who thinks through edge cases and asks hard questions. You can't do this yourself—the Deeds Office won't accept a self-drafted ANC—so your only lever is choosing wisely before you hand over documents and money.

Searches and registers you can check right now

Start with the registers. Notaries are regulated by the Department of Justice; ask your potential notary for their notary registration number and check it against the official register of notaries practising in South Africa. This is free and takes minutes. They should supply it without hesitation.

If they're also an attorney (many notaries are), verify their law society registration. The Law Society of South Africa maintains a public register; search their website with the person's name and confirm their standing and any disciplinary history. The same applies if they hold a trust account—notaries who hold client funds are regulated and supervised; ask whether they do, and if so, ask to see proof of their trust account audit.

Do not assume a glossy website or a firm name means legitimacy. Check the actual registers. A real notary will expect this question and answer it factually.

What to ask, and who to talk to

Call three notaries and ask the same questions. This is not to pressure them but to hear how they explain their process.

Ask each one:

• How many antenuptial contracts have you drafted or reviewed in the last two years?
• Walk me through what happens after I sign: when does it go to the Deeds Office, and who checks it before lodgement?
• If my fiancé and I disagree on accrual or asset exclusions, how do you handle that?
• Do you ask about existing debt, business interests, or inheritances? Why?
• What happens if the Deeds Office rejects it or raises an issue after we've signed?
• Will I get a draft to review before the final version, and can I ask for changes?

Listen for notaries who ask *you* questions back—about your assets, your concerns, your partner's business, inheritance plans. A notary who simply talks money and logistics without probing your actual situation is cutting corners.

Then ask for three references: couples who've used them in the past 18 months. Call them. Ask: Did the notary explain what accrual meant to you personally? Did they flag anything you hadn't thought of? Did they rush, or did they take time? Did the contract actually get registered, and how long did that take?

If a notary refuses to provide references, move on. If references are vague or defensive, that's a signal.

The proof you need before you pay

Before you sign an engagement letter or pay a retainer, ask to see:

• A sample ANC they've drafted (redacted, obviously—names and amounts removed). This shows whether they use a template or customize. Customized is better; templates miss your details.
• Their fee structure in writing. Some charge a flat rate; others charge hourly or on a percentage of assets. Know what you're paying for.
• Written confirmation of their registration number and law society standing.

If they're evasive about any of this, that's a reason to hesitate. You're about to lock in a contract that binds your future; the notary's job is to get it right, not fast.

Once you've narrowed it down, interview the notary directly—not just via email. Hear how they talk about the process. A good notary will take your wedding date seriously but not let it panic them into careless work. They'll ask about your business, your debts, your partner's expectations, and your long-term plans. They'll explain why certain clauses matter. They'll give you time to think.

Find someone you trust enough to tell the truth, and you'll have a contract that actually protects you. Strove's verified notaries are already vetted; browse their profiles, read reviews from couples who've used them, and message a few before you decide.