Postnuptial Agreements

ALREADY MARRIED WITH NO ANTENUPTIAL AGREEMENT?

 

The Matrimonial Property Act 88 of 1984 provides that a husband and wife may apply jointly to the High Court for leave to amend the matrimonial property system applicable 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.”

 

The process of this application includes the following:

  1. An application issued from the High Court;
  2. Notice of the application must be given to the Registrar of Deeds, published in the Government Gazette and two local newspapers and must be given by certified post to all known creditors;
  3. Should the application be successful, the notarial contract must be lodged at the Deeds Office for registration thereof.

 

Contact us to set up an appointment to discuss your options in this regard.