The Notarial Process Explained

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.

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:

• Initial enquiry and portal access: Selecting your pathway and submitting your foundational information securely.
• Providing required information and documents: identification documents and any other documents which may be relevant to your contract.
• Consultation & Drafting: Where consultation is applicable, the consultation gives the Notary an opportunity to understand your circumstances, objectives and questions before the ANC is prepared or finalised. Your draft is prepared based on the instructions and decisions arising from the process.
• Review and adjustments: You have an opportunity to review the draft document, clarify terms, and request necessary amendments before signing arrangements are finalised.
• Arranging execution: Coordinating appointment times, signing arrangements, and ensuring all formal prerequisites are met.

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.

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:

• Consultation availability and scheduling
• Time taken by the parties to provide required documentation
• Time taken to make considered financial decisions (such as commencement values and exclusions)
• Requested amendments or customised drafting requirements
• Availability of all parties and witnesses for signing
• Arranging and verifying a Special Power of Attorney where applicable

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:

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.

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.