Postnuptial Contract Registration
In terms of our law, if you do not sign an antenuptial contract prior to your marriage you are automatically deemed to be married in community of property.
The good news however is that it is possible to change your matrimonial property regime from “in” to “out” of community of property by registration of a "Postnuptial" Contract in terms of Section 21(1) of the Matrimonial Property Act 88 of 1984. The effects of such a contract is similar, but the procedure is different as you will first require the permission to register such a contract after your marriage by applying to the High Court.
Before considering this option, the following questions need to be considered:
If the answer to all of the above questions are "no", then there is really no reason why your application should not be successful.
The Procedure
The procedure adopted involves a joint application to the High Court where both spouses, ask the Court to grant them leave to sign a Notarial Contract , which after registration will regulate their matrimonial property system.
In order for the spouses to amend their matrimonial property system, the Matrimonial Property Act provides the following requirements:
Once the order is granted by the court, the postnuptial contract is executed and thereafter registered in the Deeds Office.
The good news however is that it is possible to change your matrimonial property regime from “in” to “out” of community of property by registration of a "Postnuptial" Contract in terms of Section 21(1) of the Matrimonial Property Act 88 of 1984. The effects of such a contract is similar, but the procedure is different as you will first require the permission to register such a contract after your marriage by applying to the High Court.
Before considering this option, the following questions need to be considered:
- Will your spouse object to an application to court or refuse to sign a confirmatory affidavit in support of the application?
- Have you or your spouse been declared insolvent or has sequestration proceedings been brought against either of you?Do you or your spouse have any judgments against you?
- Do you or your spouse have any legal action pending against you by a creditor?
If the answer to all of the above questions are "no", then there is really no reason why your application should not be successful.
The Procedure
The procedure adopted involves a joint application to the High Court where both spouses, ask the Court to grant them leave to sign a Notarial Contract , which after registration will regulate their matrimonial property system.
In order for the spouses to amend their matrimonial property system, the Matrimonial Property Act provides the following requirements:
- there must be sound reasons for the proposed change;
- there must be sufficient notice of the proposed change to all creditors and the Registrar of Deeds; and
- the court must be satisfied that no other person will be prejudiced by the change.
Once the order is granted by the court, the postnuptial contract is executed and thereafter registered in the Deeds Office.
Documents needed
To prepare your documentation, the documents and information that we will require from you are listed below. You can upload all these documents and list the information in our online questionnaire.
Complete the Questionnaire available by clicking on the banner below and return it to us together with the above information to info@preller.co.za.
- copies of identity documents (or passports) for both parties;
- a copy of your marriage certificate;
- the reasons why an antenuptial contract was not registered prior to your marriage;
- the reason(s)why that you now wish to register a postnuptial contract;
- copies of proof of address for both parties;
- income tax numbers for both parties (if applicable);
- the occupations for both parties;
- the full names and date of birth of your children (if applicable);
- full particulars of all assets that you currently own (including movables, immovables, investments and cash); and
- full details of all your existing creditors (together with supporting documentation such as most recent statements, etc).
Complete the Questionnaire available by clicking on the banner below and return it to us together with the above information to info@preller.co.za.
