POSTNUPTIAL AGREEMENTS

Sometimes married couples decide to change the matrimonial property system applicable to their marriage. Some of these couples did not realize the consequences of the regime chosen prior to their marriage. For other couples their circumstances have changed during the course of their marriage. In both instances they would need to bring an application to the High Court to change their matrimonial property regime and subsequently register a postnuptial contract.

Section 21 of the Matrimonial Property Act 88 of 1984 stipulates that:

"(1) A husband and wife, whether married before or after the commencement of this Act, may jointly apply to a court for leave to change the matrimonial property system, including the marital power, which applies to their marriage, and the court may, if satisfied that -

(a) there are sound reasons for the proposed change;

(b) sufficient notice of the proposed change has been given to all the creditors of the spouses; and

(c) no other person will be prejudiced by the proposed change,

order that such matrimonial property system shall no longer apply to their marriage and authorize them to enter into a notarial contract by which their future matrimonial property system is regulated on such conditions as the court may think fit."

Contact our offices should you require assistance in changing your matrimonial property regime.