A notarial postnuptial contract takes effect from the date it is registered at the Deeds Office. Registration is the step that gives the new matrimonial property regime legal effect against third parties. It is also the step that completes the section 21 process.
When registration happens
After the High Court grants the section 21 order, the spouses sign the notarial postnuptial contract before the Notary Public. The signed original is then lodged for registration at the Deeds Registry, within the period specified in the court order — typically three months. If the contract is not registered within that period, the order lapses by operation of its own terms.
The Registrar of Deeds report
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 any title deeds and identifies any registrable issue ahead of the application.
What registration involves
The signed notarial postnuptial contract is lodged at the Deeds Office in the usual notarial format, with the supporting documents (the court order; identification documents for the spouses; any power of attorney for lodgement; payment of the prescribed registration fee). The Deeds Office examines the documents and, if satisfied, registers the contract.
Effect of registration
From the date of registration, the new matrimonial property regime applies. Debts incurred before that date remain governed by the previous regime. Title deeds that bear a marital-status endorsement should be updated to reflect the new regime where appropriate.
What can cause delay
- Deeds Office processing times.
- Queries from the Deeds Office requiring amendments to the contract. Where the Deeds Office raises a query that requires an amendment, the contract may need to be re-executed and an amended notice of motion may be required.
- Outstanding bondholder consent where the matter involves a bonded property and the bondholder’s position has not been confirmed.
What we do at this stage
- Lodge the contract on your behalf.
- Deal with any Deeds Office query.
- Notify you on registration.
- Send you the registered original with our closing letter.