Change your Matrimonial Property Regime after marriage. Court Application.

Postnuptial Contracts  image
A Postnuptial Contract can be registered in terms of Section 21(1) of the Matrimonial Property Act. This application is brought by one of the parties, with the assistance of the other spouse. The application must be brought before the court, which will give an order for the registration of a postnuptial contract. After the order is granted, the parties will sign a postnuptial contract which will be registered in the Deeds Office. The postnuptial contract can then be concluded as out of community of property, with or without the accrual.

Requirements for a postnuptial contract:
  • Notice must be given to the registrar of deeds, as per section 97(1) of the Deeds Registry Act.
  • The draft postnuptial contract proposed must be annexed to the application and initialled.
  • Notice of intent to make the application must be published in the Government Gazette and two local newspapers at least two weeks before the application will be heard.
  • The notice must expressly state the date the application will be made and allow any interested party to make representations in writing to the registrar of the High Court.
  • Two weeks’ notice must be given by registered post to all known creditors of the spouses and a list of creditors must be included in the application, together with proof that they have been given notice.
Why must the application be brought before court?

  1. The High Court deals with the change in status of parties (from being married in community of property to being married out of community of property).
  2. A couple married in community of property has a communal estate, meaning that all the assets and liabilities form part of the communal estate.
  3. When the couple decides to change their matrimonial property regime, the creditors might be prejudiced by the change in the matrimonial property regime.
  4. It is also important to note that both spouses must consent to the change, and neither of the spouses must be insolvent or have sequestration proceedings, or judgments against them, as the creditors (who are notified of the change in marital regime) might oppose the application in court.

The Process - Postnuptial Contracts 

To change your marital property system, you need to obtain consent from the High Court.
  1. Start by completing the Online Application Form or contact us by e-mail and supply your contact details and date of marriage.
  2. We will be in contact and schedule a meeting online or at our offices where we will supply you with detailed information. 
  3. We will call you to discuss your choice and confirm the amendments you wish to make. We will finalise your Post-nuptial Contract accordingly and proceed to draft the required affidavits for you and your spouse.
  4. We will request any additional required information by e-mail and e-mail you the drafts in PDF format for your perusal and signature.
  5. We will arrange for the documents to be picked-up by courier in order to be enrolled
  6. Once the Court Order has been granted, the Post-nuptial Contract will be sent off for registration.

We will keep you updated as the registration process progresses, until we received the registered Post nuptial Contract back from the Registrar of Deeds. We will then scan and e-mail you a copy of the registered contract, before we mail the original to you.
Quick, Easy & Efficient...

Our Fees
Our all-inclusive fee for:
High Court Application ....................................R10 000
Advocate Fees .........................................................R3500
Post-nuptial Contract & Registration ......R1,500
TOTAL (excluding any advertisements) R15000

The most common reasons our clients decide to apply to the high court for permission to enter and register a postnuptial agreement:

  • Freedom to trade.
  • Exposing spouse to creditors and business risk.
  • Risk of joint estate at death of either spouse.
  • Parties cannot do effective Estate or Tax planning being married in community of property.
  • Being married in community of property causes friction in the marriage.
  • Parties entered into an antenuptial contract before marriage but the contract was nor registered in time or at all. 
  • The parties will not be held liable for the debts of a spouse that such spouse may have incurred after registration of the postnuptial contract. 
  • The parties will not be held liable for the debts of a spouse that such spouse may incur after registration of the postnuptial contract. 
  • Assets may be protected, particularly if one of the spouses has a business in his or her own name. The parties may decide to register assets such as their residential property in the name of only one spouse, being the spouse with the lowest risk profile. The assets of each spouse will also be safe if the other spouse is sequestrated. 
  • One or both spouses may have assets prior to the marriage that they want to exclude from the joint estate. 
  • Spouses may enter commercial transactions without the consent of their spouse.
  • Each spouse retains control over his or her assets, builds his or her own estate and is responsible for his or her own debts.

You must choose one marital regime in terms of your Postnuptial Contract. Your choice will have financial and legal consequences. You are therefore urged to carefully consider your options. If you still have questions message us or book a free 20 min consultation with our attorney. Get Started - Explore your options.




Our costs are as follows:

Taking instructions, first consultation, drafting of the Founding Affidavit, Supporting Affidavit, Notice of Motion, drafting letters to creditors, Drafting of Advertisements and placement thereof, instructions to advocate in the form of a brief, including delivery of brief to advocate.R7330.00
Attendance to Court to obtain a case number and court date and subsequent lodgement of Documents at the Deeds Office for obtaining the deeds office report, cost involvedR500.00
Delivery of Court documents at the Deeds Office for obtaining the report, lodgment of court documents, collection thereof and deeds offices fee in obtaining the reportR500.00
Provision for S.21(1) Advertisements: Local Newspaper, as well as advertisement in the Government GazetteR2,000.00
Sending copy of the advertisement in the Local Newspaper, as well a Government Gazette to each and every creditor by registered mailR500.00
Advocate’s Fee for application at CourtR1700.00
Drafting of Antenuptial Contract, attending to execution thereof before Notary Public, and attending to registration thereof in the Deeds RegistryR1450.00
Deeds Office feeR520.00
General Postage and PettiesR500.00