Vetting help to choose between accrual and no accrual

You're engaged and thinking about an antenuptial contract (ANC). Your partner too. But you're both stuck on one core question: should you elect accrual or opt out of the accrual system altogether? This choice sits at the heart of your ANC, and it shapes how assets will be divided if the marriage ends. Before you sign, you need a notary who can walk you through both routes clearly and help you understand which one matches your actual situation.

The difference between accrual and no accrual hinges on what happens to wealth you build during the marriage. Under accrual, each spouse retains ownership of what they owned before the wedding, but any growth in net wealth during the marriage gets split when the marriage ends. Opting out means each spouse keeps exactly what they build—no sharing of growth. These aren't small technicalities; they're decisions that reshape your financial future. A notary's job is to ensure you understand the mechanics and consequences before you commit to either path.

Verify the notary's credentials first

Before you discuss accrual at all, confirm the person you're seeing is actually a notary. Search the Notaries of South Africa register on the Law Society of South Africa website. Ask for their registration number and cross-check it yourself. A notary must be admitted as an attorney and hold a practising licence—request proof of both if they don't volunteer it. This sounds basic, but it's the single most important gate. An ANC registered by someone who isn't a qualified notary can be invalid, and you won't discover this until years later when you need it.

Assess how they explain accrual and no accrual

During your initial consultation—request this in writing beforehand so they know it's coming—ask them to explain both systems to you as if you've never heard of them before. Listen closely. Can they describe accrual without jargon? Do they sketch how net wealth is calculated? Do they explain why opting out might suit a business owner but might not suit a salaried couple with similar earning trajectories? A notary worth hiring will not rush this conversation. They'll ask questions about your assets, your careers, your expectations, and your risk tolerance before steering you toward one choice. If they're pushing you toward no accrual because it's "simpler" or "better for business," or toward accrual as the "standard," that's a red flag. The right choice depends on your circumstances, not a one-size-fits-all rule.

Call a notary who has handled ANCs for friends or colleagues, if you can. Ask them: "Did they explain why they recommended this system for us?" "Did they ask about our income and assets?" "Did they clarify the tax implications?" These conversations won't give you legal advice, but they'll tell you whether the notary tailors advice to each couple or applies a template.

Check their experience with both paths

Ask directly how many ANCs they've drafted under accrual and how many without accrual in the past two years. A notary who has drafted both kinds regularly is more likely to spot which route fits you. Someone who rarely handles no-accrual contracts might not flag risks you should know about. Also ask whether they've seen couples revise their choice during the consultation—many do, once they understand the implications. If the notary says "everyone picks the same system," they may not be giving tailored counsel.

Request references and a written scope

Ask for contact details of two or three couples they've helped with ANCs in the last year. A good notary will have a few willing to speak. When you call, ask: "Looking back, did they explain why you should pick this system?" "Did they discuss what happens if circumstances change?" "Did you feel confident signing?"

Before you meet in person, ask the notary to send a written outline of what their service includes—consultation, explanation of both systems, drafting, review, and registration. It should mention how many sessions they typically hold and what they charge. This isn't a legal contract; it's a signal that they're organised and transparent.

Once you've checked their register, heard how they explain the choice, phoned their references, and reviewed their scope, you're ready to have a real conversation about accrual. When you're ready to shortlist and book, Strove's verified notaries can be filtered by experience with ANCs and contact details for vetting.