Antenuptial Contracts Across Borders: Can You Register Your Namibian Contract in South Africa?

If you got married in Namibia out of community of property, but plan to live or hold assets in South Africa, you might wonder: is your Namibian antenuptial contract (ANC) valid there?

The answer is yes, but with conditions. South African authorities recognise Namibian ANCs if properly executed and registered.

When to consider this:

• You own property in South Africa.

• You're relocating or may relocate between our borders.

• You need to raise finance through a South African bank.

If a notarial antenuptial contract is executed outside Namibia, it must still be attested by a notary and registered in a Namibian Deeds Office within six months after the date of its execution or within such extended period as the court may on application allow.  Not doing so will result in the default situation of being married in community of property. Whether intended spouses plan on getting married within or outside of Namibia, this applies regardless.

Note: We provide professional help from both jurisdictions to avoid any cross-border complications later.