At Gafney & Associates, we provide professional legal services for Marriage Contracts (ANC) across Durban and KwaZulu-Natal. Marriage contracts, also known as Ante Nuptial Contracts (ANCs), allow couples to define the legal and financial framework of their marriage, protecting both partners’ assets and interests.
Whether you are planning a marriage, amending an existing ANC, or dealing with disputes, our experienced Durban lawyers guide you through every step of the process.
Our Litigation team delivers clear, practical advice to resolve disputes quickly and effectively. We focus on protecting your interests and achieving the best outcome.
Attorney and Business Professional
Nigel Gafney is an experienced attorney with over 30 years in commercial litigation, property law, and conveyancing. He founded Gafney and Associates in 1998, building a respected practice. With international MBA training and finance experience, he combines legal expertise, business insight, and leadership across complex, high-value matters for diverse clients.
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She is a valued team member with nine years at Gafney and Associates, progressing from receptionist to a key operational role. Experienced in municipal and Master’s Office processes and debt collection, she is known for reliability, strong relationships, and efficient handling of administrative and client matters, ensuring smooth day-to-day operations.
An ANC (Ante Nuptial Contract) is a legal agreement
made before marriage, setting out the property and financial arrangements between spouses. It is designed to:
Learn more about the ANC Marriage Contracts – Explanation & Legal Framework
Marriage contracts can be structured with accrual or without accrual:
Each spouse’s estate grows separately during the marriage, but any increase in value (the accrual) is shared equally in the event of dissolution.
Each spouse retains full ownership of their assets, with no sharing of growth during the marriage.
Understanding which system suits your situation is crucial. Our team can help you decide which approach aligns with your financial and family goals.
Read more on Marriage Contracts With or Without Accrual System.
Creating a legally sound ANC requires careful drafting and compliance with South African law. Our services include:
We guide couples through the process to ensure your ANC is valid, enforceable, and protects your interests.
Disputes related to marriage contracts can arise, whether during a marriage or in divorce proceedings. We provide expert guidance on:
Enforcement of ANC provisions.
Resolving conflicts over asset division.
Representing clients in court when necessary.
We provide litigation services across:
If your area isn’t listed, contact us on + 27315024949 — we assist clients throughout KwaZulu-Natal.
See what our clients have to say about their experience with our team. Their feedback reflects our commitment to professionalism, efficiency, and trusted legal support.
We understand you may have questions, so we’ve answered some of the most common ones below. If you need further assistance, please don’t hesitate to get in touch.
An Ante Nuptial Contract must be signed before the marriage takes place. The contract is then notarised by a notary public and registered at the Deeds Office within the required legal timeframe to ensure it is valid and enforceable.
An ANC with accrual allows each spouse to keep ownership of their existing assets while sharing the growth of their estates during the marriage. An ANC without accrual keeps both estates completely separate, meaning neither spouse shares in the growth of the other’s assets.
In certain circumstances, an ANC can be amended after marriage, but this usually requires a court application and the approval of the court. Legal advice is essential to determine whether an amendment is possible and appropriate.
The cost of drafting and registering an ANC varies depending on the complexity of the agreement and the legal work required. During your consultation, our attorneys can provide a clear estimate based on your specific circumstances.
An ANC helps protect personal, family, and business assets by clearly defining ownership rights and financial responsibilities between spouses. It can also reduce disputes and uncertainty in the event of divorce, separation, or the death of a spouse.
Our Durban marriage contract lawyers guide you through ANC drafting, registration, amendments, and disputes.
Book your free 20-minute consultation today to see how we can protect your assets and interests.