Postnuptial Contracts and Matrimonial Property Regime Changes in South Africa

When the regime that governs your marriage no longer suits you, the High Court may grant leave under section 21 of the Matrimonial Property Act 88 of 1984 for you to enter into a notarial postnuptial contract. Our office assists South African couples through every stage.

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Many South African couples discover only after marriage that the matrimonial property regime governing their relationship no longer suits them.

If you were married without an antenuptial contract, you are married in community of property by operation of law. Your estates are joined into a single joint estate, and a long list of financial decisions — entering into a credit agreement, signing as surety, alienating immovable property, pledging investments, alienating assets used in a trade or business — requires your spouse’s consent under section 15 of the Matrimonial Property Act.

If you intended an antenuptial contract but it was never registered at the Deeds Office, the position is in some respects similar: in the eyes of the law, your marriage is in community of property until the regime is properly changed.

If you concluded a customary marriage that was followed by a civil ceremony, the Constitutional Court has confirmed that the two ceremonies constitute a single, continuous marriage — and the matrimonial property regime that took effect at the customary marriage carries over.

The law does provide a route to change the regime. It is a formal route, brought by way of joint application to the High Court under section 21 of the Matrimonial Property Act 88 of 1984. The order, if granted, authorises you to enter into a notarial postnuptial contract that takes effect from the date it is registered at the Deeds Office.

How we help

Who this service is for

• Couples married in community of property who wish to change to out of community of property, with or without the accrual system.
• Spouses who want to introduce or exclude the accrual system after marriage.
• Couples whose original arrangement no longer fits their circumstances.
• Couples who intended to sign and register an antenuptial contract before the marriage, but the contract was never registered.
• Couples who entered into a customary marriage that was followed by a civil ceremony.

The process at a glance

1. Online application — you complete our online application.
2. Attorney assessment — we advise whether the section 21 process is appropriate.
3. Consultation and document review.
4. Document collection — IDs, marriage certificate, asset and liability schedules, creditor information.
5. Drafting — founding affidavit, notice of motion, draft order, and the proposed notarial contract.
6. Registrar of Deeds report.
7. Notice to creditors — Government Gazette and registered post.
8. High Court hearing.
9. Court order.
10. Notarial execution.
11. Deeds Office registration — the new regime takes effect from the date of registration.

See the full step-by-step process →

Why choose Louwrens Koen Attorneys

A South African attorney, conveyancer and notarial practice. Our principal, Louwrens Koen, is a practising Attorney, Conveyancer and Notary Public (M11811). The notarial element of every postnuptial contract is handled in-house.

Pretoria-based, familiar with the Gauteng Division. Our office is at Loftus Versveld Stadium in Arcadia. The Gauteng Division, Pretoria, is our primary court.

Assessment-led. Before drafting, we assess whether the section 21 process is appropriate in your matter.

Document-driven. Our online application is structured around the information the court will eventually need.