Postnuptial Contracts: It is Never Too Late to Change Your Marital Regime

Our Proven Expertise: We have proudly assisted more than 30 couples in the last two years to successfully change their marital regimes throughout South Africa.

Many couples realize only after their wedding day that being married "In Community of Property" is not suited to their financial goals or business risks. Whether you forgot to sign an Antenuptial Contract (ANC), failed to register it on time, or simply want to change your existing system, South African law provides a legal path to fix your marital regime. At Louwrens Koen Attorneys, we specialise in Section 21 High Court Applications to transition couples to a more secure financial footing. 


For more specialised information on this process, you can also visit our dedicated portal at postnuptialcontracts.co.za.

1. Changing Your Matrimonial Property Regime After Marriage (Section 21 of the Matrimonial Property Act)

Spouses have the right to jointly apply to the High Court to change their matrimonial property system, regardless of when they were married. This is commonly used to switch from "In Community of Property" to "Out of Community of Property.

The Requirements for a Successful Application:

  • Good Reason: The parties must provide the court with valid reasons for the change (e.g., one spouse starting a business).
  • Notice to Creditors: All creditors must be notified of the intended change to ensure no one is prejudiced.
  • No Prejudice: The court must be satisfied that the change will not negatively affect the rights of any third party.

Once the High Court grants the order, the spouses execute a Postnuptial Contract before a Notary Public, which is then registered at the Deeds Office.

2. Late Registration of an Already Signed ANC

If you and your spouse signed an Antenuptial Contract before the wedding, but it was not registered at the Deeds Office within the prescribed three-month period, the contract is technically only valid between the two of you. To the outside world (and your creditors), you are still considered married In Community of Property.

  • The Solution: We apply to the High Court for an extension of the registration period.
  • The Burden of Proof: You must furnish "convincing reasons" why the contract was not registered on time.
  • The Result: The original contract is lodged at the Deeds Office alongside the court order.

3. Postnuptial Execution (The "Implied Agreement" Path)

In cases where no contract was signed before the wedding but the couple had an express or implied agreement to marry "Out of Community of Property," the court may authorize the execution of a postnuptial contract.

  • Evidence Required: The court requires proof that both parties intended to marry under a different regime but failed to sign the documents due to satisfactory reasons (e.g., administrative errors or misinformation).
  • Creditor Protection: The court will always include a clause protecting the rights of existing creditors.

Why Choose Louwrens Koen Attorneys for your Postnuptial Contract?

Changing your marital regime involves a High Court application, which is a complex legal process. Our team in Pretoria, located near the Gauteng High Court and the Deeds Office, provides a streamlined service:

  1. Expert Drafting: We prepare the founding affidavits and the Postnuptial Contract.
  2. High Court Representation: We manage the application to ensure all legal hurdles are cleared.
  3. Notarial Services: As Notaries, we execute and archive your protocol.
  4. Deeds Office Registration: We handle the final registration in the Pretoria Deeds Registry.

Don't stay trapped in a high-risk marriage regime.[Apply Online for a Postnuptial Contract] | [Visit PostnuptialContracts.co.za]