A Notary Public in South Africa is an attorney admitted to the additional speciality of notarial practice. Notarial work is governed by the common law and by a body of regulation that determines what may be done by a Notary and how. Antenuptial contracts and postnuptial contracts are both notarial documents: they are prepared, signed and attested by a Notary Public, and they are registered at the Deeds Office in notarial format.
Our principal, Louwrens Koen, is a practising Notary Public (M11811). The notarial component of every postnuptial contract is conducted in-house.
What notarial execution involves
When a postnuptial contract is signed, the spouses attend at the Notary Public, by appointment. The Notary Public reads the contract through with the spouses and confirms that each understands and accepts the terms. The contract is then signed by the spouses and attested by the Notary Public in the notarial protocol. The original is sealed and prepared for lodgement at the Deeds Office.
Why a notarial contract is required
A postnuptial contract changes the matrimonial property regime governing the marriage. That change must be capable of being registered at the Deeds Office so that it is effective against third parties. Only a notarial contract is registrable in this way. A privately drafted document is not.
Other notarial work our office does
In addition to postnuptial contracts, our office prepares and attests:
- Antenuptial contracts for couples about to marry.
- Notarial deeds of donation between spouses and others (where notarial form is required).
- Powers of attorney required to be notarial (for example, for use in certain foreign jurisdictions).
- Other notarial deeds as required.
If you have a notarial enquiry that is not a postnuptial contract, please contact our office.