The process of changing a matrimonial property regime under section 21 of the Matrimonial Property Act 88 of 1984 follows a settled sequence. From the moment our office receives an online application to the moment the registered notarial postnuptial contract is delivered to the client, the matter passes through eleven stages.
This page sets out each stage in plain language, what happens at it, what you as the client need to do, what our office does, and what can extend the timeline.
A typical matter completes in three to five months from instruction. Some matters are faster; some are slower. The court roll, the Registrar of Deeds, the creditor-notice cycle, the Government Gazette publication cycle, and the Deeds Office turnaround all influence the timeline.
STAGE 1 — ONLINE APPLICATION
What happens: You and your spouse complete the online application on this site. The form covers the information our office needs to begin assessing the matter — your personal details, your marriage, your current property regime, the regime you would like to move to, your assets and liabilities at a high level, and your creditors.
What you do: Fill in the form together. Each spouse must consent to the change of regime and confirm the information given.
What we do: Acknowledge receipt and begin the assessment.
What can delay: Incomplete information often means we need to come back to you for further detail before we can advise.
STAGE 2 — ATTORNEY ASSESSMENT
What happens: Our office reviews the online application and assesses whether the section 21 process is appropriate in your circumstances. The assessment considers whether the facts support sound reasons for the change, whether there are issues that affect the no-prejudice requirement, whether the creditor pattern is manageable, and whether there are any of the matters that take a matrimonial-property-regime application out of the firm’s scope (for example, a pending divorce or sequestration).
What you do: Wait for our response, and respond to any clarifying questions.
What we do: Send you a written assessment indicating whether we are able to proceed and, if so, on what basis. We provide a fee estimate scoped to your matter.
What can delay: Complex fact patterns (customary marriage with an ANC signed between ceremonies; a marriage concluded outside South Africa; significant business interests; insolvency-adjacent considerations) require more careful assessment.
STAGE 3 — CONSULTATION AND DOCUMENT REVIEW
What happens: Once the assessment is complete and you wish to proceed, we hold a consultation. The consultation can be in person at our office at Loftus Versveld, or by video call. We go through the assessment, identify the documents we still need, and confirm the proposed terms of the new regime.
What you do: Sign the firm’s engagement letter and confirm the terms you and your spouse wish to put in the new contract.
What we do: Issue a written record of the consultation and a document-collection checklist tailored to your matter.
What can delay: Diary alignment; obtaining missing information from a previous notary or attorney; clarifying questions about the proposed terms.
STAGE 4 — DOCUMENT COLLECTION
What happens: You provide the documents identified at the consultation. Typical items include:
- certified copies of your ID documents;
- your marriage certificate (and, where applicable, customary-marriage documents);
- proof of current address;
- the existing antenuptial contract, if one was signed but not registered;
- title deeds and bond statements for immovable property;
- creditor statements;
- evidence supporting the reasons for the change of regime.
What you do: Source and send the documents.
What we do: Index the documents, run the necessary searches (including a Deeds Office search confirming current matrimonial-status endorsements), and confirm that the schedule of creditors is complete.
What can delay: Difficulty obtaining a marriage certificate from Home Affairs; missing title deeds; outdated creditor statements; spouses not in agreement on the precise terms of the contract.
See the Documents Required page →
STAGE 5 — DRAFTING
What happens: Our office prepares the full bundle: notice of motion, founding affidavit, confirmatory affidavit, the proposed notarial postnuptial contract, and the draft order. The papers are drafted around the section 21 framework — sound reasons, sufficient notice, no prejudice — and reflect firm practice in the Pretoria Division.
What you do: Review the draft founding affidavit, confirm the personal facts deposed to, and sign the founding and confirmatory affidavits before a Commissioner of Oaths.
What we do: Settle the drafts internally; circulate for counsel review where appropriate; finalise the bundle.
What can delay: Corrections to personal information; clarification of any fact deposed to; turnaround of counsel review where the matter is being briefed.
STAGE 6 — REGISTRAR OF DEEDS REPORT
What happens: The Pretoria Practice Directive requires the Registrar of Deeds report to be obtained before the Government Gazette notice is placed. The report confirms the current marital-status endorsements on the title deeds and identifies any registrable issue.
What you do: Nothing at this stage — the report is requested by our office.
What we do: Submit the request to the Registrar of Deeds and follow up.
What can delay: Deeds Office processing times; queries from the Registrar on the proposed contract.
STAGE 7 — NOTICE TO CREDITORS
What happens: Once the Registrar of Deeds report is received and the application is ready, the notice machinery is set in motion:
- The Government Gazette notice is placed.
- Registered-post letters are sent to every creditor, attaching the Gazette notice and providing the date, time and court of the hearing; the full names and ID numbers of the spouses; residential addresses and places of employment in the preceding 12 months; the effect of the proposed order; and the statement that a creditor whose interests will be prejudicially affected may appear to oppose.
The Practice Directive requires at least three weeks between the registered-post notice and the hearing date.
What you do: Confirm receipt of any creditor enquiries you become aware of, and forward them to us.
What we do: Manage the Gazette publication and the registered post; track every notice; prepare the supplementary affidavit attaching the proofs.
What can delay: Gazette publication cycles; tracking of registered-post receipt; creditors who change address.
STAGE 8 — HIGH COURT HEARING
What happens: The matter is set down on the unopposed motion roll of the High Court. Counsel (typically from the firm’s panel) moves the application. The application is heard ex parte with the spouses as joint applicants. No appearance by the applicants is generally required.
What you do: Nothing directly. We notify you of the hearing date.
What we do: Brief counsel; index and upload the bundle to CaseLines; appear on the day; report back to you with the outcome.
What can delay: Court roll capacity in the Division; opposition by a creditor; queries raised by the presiding judge requiring a supplementary filing.
STAGE 9 — COURT ORDER
What happens: If the application is successful, the court grants leave to enter into the notarial postnuptial contract; orders the Registrar of Deeds to register it; specifies the period within which the contract must be registered (failing which the order lapses); confirms the prospective effect; and includes the creditor-protection clause.
What you do: Acknowledge the order and confirm the date and means by which you will sign the notarial contract.
What we do: Provide you with a certified copy of the order; diarise the lapsing date; schedule the notarial signing.
What can delay: A judgment reserved by the court; a query from the bench requiring further information.
STAGE 10 — NOTARIAL EXECUTION
What happens: You and your spouse attend at the Notary Public to sign the notarial postnuptial contract. The Notary Public reads through the contract with you, confirms that you understand and accept the terms, and attests the signatures in the notarial protocol.
What you do: Attend at the appointed date and time, in person, with the required identity documents. Both spouses must attend.
What we do: Ensure the signing is conducted in compliance with notarial practice; lodge the signed original with the Deeds Office.
What can delay: Diary issues; the unavailability of either spouse.
STAGE 11 — DEEDS OFFICE REGISTRATION
What happens: The notarial postnuptial contract is lodged for registration at the Deeds Registry. On registration, the new matrimonial property regime takes effect.
What you do: Nothing — the lodgement is handled by our office.
What we do: Lodge the documents, deal with any Deeds Office queries, and report registration back to you with the registered original.
What can delay: Deeds Office processing times; queries raised by the Deeds Office requiring amendments to the contract (in which case an amended notice of motion may be required).
AFTER REGISTRATION
Once the notarial postnuptial contract is registered, you should:
- update your wills and any estate-planning structures to reflect the new regime;
- inform any institution that holds you out as married in community of property (banks, insurers, employers’ HR systems);
- ensure that title deeds are endorsed to reflect the new marital-status description where appropriate;
- retain the registered contract with your other important documents.
We provide a closing letter at this stage summarising what has been done and noting any post-registration items that need attention.
| Stage | Typical duration |
|---|---|
| 1 — Online application | Immediate |
| 2 — Attorney assessment | 3–7 working days |
| 3 — Consultation and document review | 1–2 weeks (subject to diary alignment) |
| 4 — Document collection | 2–6 weeks (varies considerably) |
| 5 — Drafting | 1–2 weeks |
| 6 — Registrar of Deeds report | 2–6 weeks |
| 7 — Notice to creditors | Minimum 3 weeks before hearing |
| 8 — High Court hearing | Subject to court roll |
| 9 — Court order | Hearing day or shortly after |
| 10 — Notarial execution | Within the period set in the order, usually 3 months |
| 11 — Deeds Office registration | 2–6 weeks from lodgement |
End to end, expect three to five months. Where any stage encounters difficulty, the overall timing extends.
If you are ready to begin, our online application is the starting point. Once we have your information, our office assesses the matter and tells you whether to proceed.