The Notarial Process Explained

An Antenuptial Contract involves more than signing a document. From your first instruction through consultation, drafting, execution and Deeds Registry registration, each stage has a purpose. This guide explains what happens, when it happens and why timing matters.

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Signing your ANC and registering your ANC are two different steps. At B4.iDO, we make the process easier to understand by separating it into two broad stages: preparing and executing your contract, followed by registration and document delivery.

âš–ī¸ The Golden Rule of Timing

Your ANC must be executed BEFORE the marriage.
The important deadline for the couple is not the date on which the Deeds Registry eventually completes registration. The critical point is that the ANC must be properly executed before the marriage takes place if it is intended to regulate the matrimonial property regime of that marriage. Once the ANC has been properly executed before the marriage, it can regulate the matrimonial property consequences of the marriage from the date the marriage takes effect, subject to the applicable law.

STAGE 1: Preparing & Executing Your Contract

Before any document is executed, several preparatory steps take place to ensure that your ANC accurately reflects your circumstances and decisions. Depending on your package and circumstances, some steps may differ, but the first stage generally includes:

Execution: Signing Your ANC

Execution is the formal notarial signing and attestation of the ANC before the Notary Public and the required parties and witnesses. This is a critical stage because the ANC is intended to be in place before the marriage takes effect. It is the formal attestation by the Notary Public that legally concludes the execution process.

🌍 Remote Execution & Special Power of Attorney

What if we are in different locations or live abroad?
Where a party cannot attend the required execution arrangements in person, alternative arrangements may be possible depending on the circumstances and applicable legal requirements. In appropriate cases, a Special Power of Attorney may be used to authorise another person to act on that party's behalf. These arrangements require additional preparation and should be discussed with the Notary as early as possible.

Why the First Stage Requires Time

The time required before execution can vary. It depends not only on B4.iDO, but also on the parties' availability and responsiveness. Practical factors that can affect timing include:

When Should We Start?

We recommend starting the process at least TWO MONTHS before your intended marriage date.

Starting earlier is even better, particularly where consultation is required, the parties live in different locations, documents take time to obtain, amendments are expected, or a Special Power of Attorney may be required.

We encourage couples to start early not because every ANC takes two months to execute, but because the process involves decisions, documents, people and appointments, and some of these are outside your control. Starting early gives you time to understand your options, make informed decisions, and deal with unexpected delays without placing your marriage date under unnecessary pressure.

What If We're Getting Married in 3 Days?

Can we still execute an ANC if our wedding is only a few days away?

Possibly, but do not leave it this late if you can avoid it.

Three days before the wedding is not necessarily automatically too late. It may still be possible to complete the ANC process before the marriage if the necessary legal work, drafting, consultation where applicable, documents, Notary appointment, execution and other practical requirements can all be completed in time.

However, this should not be treated as a guaranteed last-minute service. Availability of the parties, the Notary, consultation slots where applicable, required documents, drafting time, amendments, witnesses, signing arrangements and any Special Power of Attorney can all affect whether the process can be completed before the marriage. Urgent or last-minute instructions may also attract additional professional, administrative, travel or execution costs, depending on the circumstances.

In principle, the key requirement is that the ANC is properly executed before the marriage. In practice, leaving the process until the final hours creates significant risk because there may simply not be enough time to complete every required step correctly.

STAGE 2: Registration & Delivery

Once the ANC has been properly executed, the matter moves into the registration stage. The process follows a structured sequence:

EXECUTION BEFORE NOTARY
  â†“
REGISTRATION FILE PREPARATION
  â†“
LODGMENT AT DEEDS REGISTRY
  â†“
EXAMINATION BY DEEDS REGISTRY
  â†“
REGISTRATION
  â†“
POST-REGISTRATION ADMINISTRATION
  â†“
RETURN TO OUR OFFICE
  â†“
DELIVERY / COLLECTION

Registration is a separate step from execution. After execution, the ANC is prepared and lodged at the Deeds Registry for registration. Registration is important because the contract must be registered in the Deeds Registry to be formally effective against third parties (such as future creditors).

How Long Does Registration Take?

The Deeds Registries Act provides a statutory period within which an executed antenuptial contract must be registered. The current statutory period is three months from execution, subject to the provisions of the Act and any applicable court extension.

â„šī¸ Three Months Does NOT Mean You Should Wait Three Months

The statutory registration period is a legal deadline for registration. It is not an indication that your contract will take three months to register. Actual registration can take considerably less time. The practical timeframe depends on lodgment schedules, examination, Deeds Registry processing times, possible queries or rejections, and the Registry's general workload. B4.iDO proceeds with lodgment promptly according to its standard registration workflow.

Proof of Execution for Your Wedding Day

Because Deeds Registry registration occurs after execution, couples do not need to wait for registration to be finalised before getting married. Where appropriate, we may provide a Notarial Certificate or confirmation of execution that you can present to your marriage officer on your wedding day as proof that the ANC was executed prior to the ceremony. This is separate from the eventual Deeds Registry registration of the contract.

Receiving Your Final Documents

Once registration is complete and the Deeds Registry releases the registered contract, it returns to our office for post-registration administration. We then prepare the original registered contract for collection or delivery according to your agreed arrangements. Where courier delivery is arranged, delivery times vary depending on your location.

Understand Your Options Before You Say "I Do"

Explore the different matrimonial property regimes and learn how the ANC process works. When you are ready, B4.iDO can help you take the next step.

Explore ANC Services Compare Marriage Regimes

This information is provided for general educational purposes and does not constitute legal advice. Your circumstances may require individual advice from a suitably qualified legal professional or Notary.