top of page
Image by Le Vu

Notarial Services

Certified & Compliant Legal Documents

Certain Documents Require a Notary  - And for Good Reason

Some documents, by law, must be drawn and executed before a Notary Public — a qualified practicing attorney with the authority to formally attest legal documents. When a document is executed before a notary, it is presumed valid, truthful, and properly solemnized. This legal presumption can only be rebutted by clear evidence to the contrary - giving notarially executed documents significant weight in court and beyond.

Antenuptial Agreements in Namibia

Our Notarial Services Include:

  • Antenuptial Contracts

  • Long-Term Leases, Cessions & Terminations

  • Notarial Bonds

  • Authentication of Documents for Use Abroad

  • Parental Travel Consents

  • Postnuptial Registrations via High Court Applications

Getting Married? Don’t Forget the Antenuptial Contract

An antenuptial contract (ANC) is a vital document entered into before marriage to regulate the matrimonial property system between spouses. It outlines how assets and liabilities will be handled during and after the marriage, especially in cases of separation, divorce, or death.

Only a practicing notary may execute this contract, and it must be registered at the Deeds Office within 3 months of signing. If not registered in time, the marriage will be treated as in community of property by default.

Types of Marital Property Systems

  • In Community of Property - Assets and liabilities are jointly owned and shared equally.

  • Out of Community of Property (without accrual) - Each spouse keeps their assets and liabilities separate.

  • Out of Community of Property (with accrual) - Each spouse retains separate estates, but shares growth in value during marriage.

  • Optional Provisions - Spouses may include terms on donations, inheritances, and exclusions — as long as they’re not contrary to public policy or the nature of marriage.

Cross-Border & Post-Marriage Options

  • Postnuptial Contracts
    In rare cases (e.g., oversight), a postnuptial ANC may be registered with High Court approval.

  • Marrying Outside Namibia?
    Even if signed abroad, your antenuptial contract must be registered in Namibia within 6 months (or an extension granted by court).

  • Namibian & Non-Namibian Marriages
    If a Namibian citizen marries a non-citizen, they may live and work in Namibia, with eligibility for citizenship after 10 years. Property law defaults to the husband's home country unless another governing law is agreed on in the ANC.

Need a Notary or Antenuptial Contract? We’re Here to Help

Our experienced notaries ensure all documents are legally compliant and professionally executed.

📞 Call us: 061 255 500
📧 Email: info@namlaw.com

Other Services:

bottom of page