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: