What to bring to a notary so the ANC is done before the wedding
What documents and information do you need for a notary to draft your antenuptial contract? A practical checklist before your wedding.
You're a few weeks or months from your wedding, and you've finally decided an antenuptial contract is the right move. Now comes the practical bit: what do you actually pack into a folder and hand to a notary so they can draft something that works and gets registered before the ceremony?
The answer depends partly on your situation—whether you're bringing assets into the marriage, protecting a business, or just want clarity on how your finances will work. But there are essentials every couple needs, and a few extras that save time and prevent back-and-forth.
Core documents and information to bring
Start with proof of identity for both of you: valid ID book or passport copies. The notary needs these to confirm who you are and verify your South African tax residence status. Bring recent payslips or an accountant's letter showing your income—notaries need a realistic picture of your earning capacity to understand what you're bringing to the marriage.
If either of you owns property, bring the title deed or a copy showing your name clearly. Same goes for vehicles: a copy of the registration document. If you're protecting a business, you'll need its registration documents with CIPC (or sole trader registration), recent financial statements, and a list of what the business owns. Bank statements from the past three months are helpful; they show account balances and give the notary a sense of your liquid assets. If you have significant investments, bring statements from your investment platform or a summary from your financial adviser.
If you're carrying debt—a car loan, home loan, or any substantial personal loan—bring proof: the loan agreement or a bank statement showing the account. The notary needs to know what liabilities exist because they often determine what should be protected or excluded in the contract.
Bring any previous divorce orders, spousal support agreements, or child maintenance documentation if they apply to either of you. These shape what you can and cannot include in an ANC.
Less obvious but equally important
If one of you has a pension or retirement annuity, fetch a recent statement and the plan documents. These sit in a grey zone legally, and notaries need to know what you have and how you want to treat them—excluded, included, or split under a specific formula.
Bring a list of any life insurance policies naming each other as beneficiary or linked to the marriage. Notaries don't draft insurance into the contract, but they need to know what's in place and whether it aligns with your wishes.
If you own intellectual property, a website business, or royalty streams, write down what these are and roughly what they're worth. These aren't always obvious assets, and forgetting to mention them can lead to unhappy surprises later.
Think through what you want the contract to say: community of property with accrual, or out of community altogether? Do you want to protect one person's business? Are there inheritance concerns? Bring notes, not necessarily a draft—just clarity on your priorities. A notary will ask these questions anyway, but arriving with your thinking done saves time and cost.
What not to assume
Don't assume the notary will copy your documents. Ask beforehand whether they need originals or certified copies, and whether they'll keep them or return them. Some notaries take photographs; others need paper.
Don't turn up with only verbal summaries of your finances. Write down numbers—asset values, income, debts. Vagueness creates delays.
Don't expect the notary to advise you on which structure is best for your situation. Their job is to draft and register the contract you've agreed on. If you're genuinely unsure between accrual and no accrual, or how to protect a business fairly, book a preliminary consultation with a family lawyer before you see the notary. It costs less than redrafting later.
Organising your papers before the meeting signals you're serious and helps the notary work efficiently. Bring everything in a folder, labelled if possible. If you're using Strove to find a notary, you can ask directly in your quote request what documents they need—different practitioners sometimes have slight variations in their process.
Common questions
- Can we bring rough notes instead of formal documents?
- Bring what you have, but be specific: write down exact figures for income, assets and debts rather than estimates. The notary will ask clarifying questions, but starting with numbers—even on scrap paper—is far better than vague descriptions. For things like property and vehicles, actual documents are essential so the notary can confirm ownership and value.
- What if one of us is still waiting for payslips or account statements?
- Contact your notary and explain the gap. They may draft the contract with what you have and update it once you have the missing information, or they may ask you to delay the meeting slightly. Don't guess at figures or bring old statements—notaries need current snapshots of your finances.
- Do we need to bring our wedding invitation or proof of the date?
- No. The notary doesn't need wedding proof, but do tell them your deadline upfront so they can schedule the signing and registration to finish in time. If you're very close to the date, mention it when you book so they know it's urgent.
- What happens if we forget to mention an asset?
- You can amend the contract after it's signed but before it's registered, though this costs extra and creates delay. It's far cheaper and simpler to bring a complete picture upfront. If you remember something after signing, ask the notary immediately whether it can be added without redrafting the whole thing.
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