The cost of a postnuptial contract is more substantial than the cost of an antenuptial contract. An antenuptial contract is a single notarial document signed before the marriage; a postnuptial contract is the end-product of a High Court application, a notarial execution, and a Deeds Office registration. The full cost reflects each of those stages.
Our office offers an all-inclusive fee guideline from the order of R20 000, scoped to the specific facts of the matter. A precise fee estimate is issued after our office has reviewed your online application.
WHAT THE FEE TYPICALLY COVERS
The all-inclusive guideline figure is intended to cover, in a standard matter:
- Attorney fees — the time spent on assessment, consultation, drafting the founding and confirmatory affidavits, the notice of motion, the supplementary affidavit, the draft order, and the proposed notarial postnuptial contract; managing creditor notice; client correspondence; and reporting after registration.
- Notarial fees — the notarial execution of the postnuptial contract.
- Advocate fees — counsel’s fee for moving the application in the High Court.
- Government Gazette publication — the disbursement for placing the prescribed notice.
- Registered-post creditor letters — the disbursements for sending the notice to each creditor.
- Registrar of Deeds report — the fee for the report required by the Practice Directive.
- Deeds Office registration — the disbursement for lodging and registering the notarial contract.
In a standard matter, the all-inclusive guideline is intended to remove the uncertainty around disbursements. The client knows what the firm will charge, and what disbursements have been built in.
WHAT CAN CAUSE THE FEE TO RISE
Some matters require additional work beyond a standard section 21 application. Where any of the following apply, the fee is reviewed and an updated estimate is given to you in writing before the additional work is undertaken:
- Many creditors. Practice Directive 15.6 requires registered-post notice to every creditor. A long creditor list adds time and disbursements.
- Complex immovable property. Bonded property where bondholder consent is sought; multiple title deeds; properties in different deeds registries; or sectional title considerations.
- Business interests requiring detailed disclosure. Where one spouse holds business interests material to the application, additional drafting and document collection may be required.
- Customary-marriage triage. Where the matter involves a customary marriage and an associated assessment under the Constitutional Court’s ruling in VVC v JRM and Others [2026] ZACC 2, additional consideration is required.
- A contested matter. If a creditor opposes the application, the matter is no longer unopposed motion work and our office will revisit the fee.
- Court directions requiring amendments. Where the court issues directions requiring an amended notice of motion or supplementary affidavits, additional work is required.
- Deeds Office queries. Where the Deeds Office raises queries requiring amendments to the postnuptial contract, additional notarial and attendance time is required.
- Foreign elements. If a spouse is not domiciled in South Africa, or if assets are held abroad, additional consideration of conflict-of-laws questions may be needed.
In our experience the great majority of matters proceed on the standard guideline. The categories above are flagged for transparency.
WHAT THE FEE DOES NOT COVER
The following are not part of the postnuptial contract fee, and are separately scoped where required:
- updates to your wills or other estate-planning documents after the new regime is registered;
- the registration of any new bonds, sales or other transfers of immovable property between the spouses;
- divorce or separation work of any kind;
- tax advice beyond what is necessary for the application itself;
- the registration of trusts or companies; and
- conveyancing matters not arising from the section 21 application itself.
Where any of these are needed, we provide separate engagement terms.
HOW THE FEE COMPARES TO AN ANTENUPTIAL CONTRACT
An antenuptial contract is signed before the marriage and is a single notarial document. The fee is modest because the work is contained: drafting, notarial execution, and Deeds Office registration. A typical antenuptial contract in our office is in the order of R1 950 (subject to confirmation).
A postnuptial contract is more expensive for substantive reasons, not as a matter of pricing strategy. The High Court application is a real legal proceeding, with the attendant requirements for affidavits, creditor notice, Government Gazette publication, the Registrar of Deeds report, counsel for the hearing, and the post-order notarial execution and Deeds Office registration. Each of those stages contributes to the total cost.
If you and your partner are not yet married, please consider signing an antenuptial contract before the marriage. It avoids the section 21 process entirely.
See our antenuptial contract service →
WHEN A FEE ESTIMATE IS ISSUED
Once you have submitted the online application and our office has assessed the matter, you receive an assessment letter that:
- summarises our view of the matter;
- identifies any issues that need to be considered before proceeding;
- sets out the fee estimate for your specific facts; and
- explains what is included.
The fee estimate is the basis on which you decide whether to instruct our office. You are not committed to proceeding by submitting the online application.
Request a fee estimate by completing the application →
PAYMENT ARRANGEMENTS
A first payment is typically requested on instruction, with the balance payable at defined stages of the matter — for example after the assessment is complete; before the Government Gazette notice is placed; and on registration of the notarial contract. The schedule is set out in the engagement letter.
Our office accepts standard South African payment methods. Where the matter requires a deposit for disbursements (Gazette, registered post, Deeds Office), the deposit is held in our trust account pending payment.
A NOTE ON “CHEAP” POSTNUPTIAL CONTRACTS
You may see online offerings that quote postnuptial contract costs significantly below our guideline. We caution against assuming that the cheapest is the most appropriate. A section 21 application is procedural, document-heavy, and unforgiving of errors. The cost of getting it wrong — having the order refused, having the order set aside on application by a creditor, having the Deeds Office reject the registration — is much greater than any saving in the initial fee.
Our office takes a deliberate approach: thorough assessment, careful drafting, full creditor notice machinery, and proper notarial and registration practice. The fee reflects that approach.
For a fee estimate specific to your matter, complete the online application. Our office will review your information and respond with an assessment and a written fee proposal.
[ Request a Fee Estimate ] → /apply-online/