Postnuptial Contracts

Forgot to register an antenuptial contract?
Let us assist with a postnuptial agreement
Louwrens Koen Attorneys
Tel: 087 0010 733
info@louwrenskoen.co.za

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About Postnuptial Contracts - Get Started 

What is a Postnuptial Contract?

If you do not execute an antenuptial contract prior to marriage, you will deemed to be married In Community of Property in terms of South African law. The consequence would be the same if you signed a contract, but it was not registered within three (3) months from the date of signature.
It is possible to change your matrimonial property regime from “in” to “out” of community of property by registration of a Postnuptial Contract in terms of Section 21(1) of the Matrimonial Property Act. Similarly, if your contract was not registered timeously you may apply to court for permission for late registration of your contract in terms of Section 88 of the Deeds Registries Act. Let Louwrens Koen Attorneys assist with this process. From start to finish. 

Contact

  • Louwrens Koen Attorneys 416 Kirkness Street, Arcadia, Pretoria, South Africa

OUR TEAM IS HERE TO ANSWER YOUR POSTNUPTIAL CONTRACT QUESTIONS

CONTACT US TODAY AND WE WILL REPLY WITHIN HOURS Louwrens Koen Attorneys Tel: 0870010733 info@louwrenskoen.co.za

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Postnuptial contracts - Handy Articles

REQUIREMENTS FOR POSTNUPTIAL CONTRACT HIGH COURT APPLICATION

example postnuptial contract 

Must be Notarised and Registered in the Office of the Registrar of Deeds to be valid.

                                                                                                                                                                                                                                      Protocol nr. ________ .-


POSTNUPTIAL CONTRACT, HAVING THE EFFECT OF  AN ANTENUPTIAL CONTRACT, IN TERMS OF  SECTION 88 OF THE DEEDS REGISTRIES ACT 47 OF  1937 

BE IT HEREBY MADE KNOWN THAT on ________________________ 2022 before me, NOTARY [MXXXX] of PRETORIA in the Province of GAUTENG Notary, duly sworn and admitted, and in the presence of the subscribing witnesses personally came and appeared:                                           


 XXXXXXXXXXXXXXXXX                                            
IDENTITY NUMBER: 6XXXXXXXXXX                                                             (the “HUSBAND”)                                              


                             And                           


XXXXXXXXXXXXXXXXXX

IDENTITY NUMBER: XXXXXXXXXXXXX                                                       (the “WIFE”) 

Married in community of property to each other WHEREAS the terms of this Postnuptial Contract have been agreed between the Husband and the Wife before the marriage but was not registered in the Deeds Office within a period of three months as prescribed in terms of Section 87 of the Deeds Registries Act 47 of 1937; 

AND WHEREAS they consequently entered into a marriage with each other in community of property on 8th of August 2017; AND WHEREAS the High Court of South Africa, Gauteng Provincial Division, Pretoria under case number ___________ on the _____ day of ___________________ issued an order granting permission for the registration of this Postnuptial Contract in terms of section 88 of the Deeds Registries Act 47 of 1937, having the effect of an antenuptial contract as was agreed to between the Husband and the Wife prior to date of marriage; 

1.         During the marriage there shall be no community of property between them. 

2.         During the marriage there shall be no community of profit and loss between them. 

3.         The accrual system referred to in Chapter 1 of Act nr 88 of 1984 shall not apply to their marriage from the date of the conclusion of their marriage. 

4.         This Court Order shall not prejudice or restrict the rights of any creditor of any of the Applicants as on the date of registration of the Postnuptial Contract. 


THUS DONE AND EXECUTED AT PRETORIA ON THE DAY, MONTH AND YEAR FIRST AFOREWRITTEN IN THE PRESENCE OF THE UNDERSIGNED WITNESSES. 


AS WITNESSES: 

 1.         ___________________                                          

 2.       ___________________                                                                                                   __________________________                                                                                                                                                                                                                                                                                                                                


                                                                                                                                                                                                                   NOTARY PUBLIC 

POSTNUPTIAL CONTRACT - APPLY ONLINE 

Apply Online to get started with your postnuptial contract.

Complete the form as thoroughly as possible. If you have any queries do not hesitate to contact with us: 

costs - postnuptial contract 

Postnuptial Contract

MOST POPULAR
R15000
  • Online Application
  • Consultation/s with Attorney/Notary
  • High Court Application
  • Advertisement Costs
  • Notice to Creditors
  • Advocate Fees
  • Drafting and Notarising Postnuptial Contract
  • Registration of the Contract in the Office of the Registrar of Deeds
Order Now

Antenuptial Contract

R1450/Month
  • Online Application
  • Drafting of contract
  • Amendments if necessary
  • Notarisation by Notary Public
  • Registration in the Office of the Registrar of Deeds
  • R1450 All-Inclusive Fee
  • Thousands of couples assisted using this process
Order Now

BREAKDOWN OF COSTS - POSTNUPTIAL CONTRACT APPLICATION & REGISTRATION

Detailed breakdown of costs and description of services rendered to register Postnuptial Contract

Our costs are as follows:

Taking instructions, first consultation, drafting of the Founding Affidavit, Supporting Affidavit, Notice of Motion, drafting letters to creditors, Drafting of Advertisements and placement thereof, instructions to advocate in the form of a brief, including delivery of brief to advocate.R7330.00
Attendance to Court to obtain a case number and court date and subsequent lodgement of Documents at the Deeds Office for obtaining the deeds office report, cost involvedR500.00
Delivery of Court documents at the Deeds Office for obtaining the report, lodgment of court documents, collection thereof and deeds offices fee in obtaining the reportR500.00
Provision for S.21(1) Advertisements: Local Newspaper, as well as advertisement in the Government GazetteR2,000.00
Sending copy of the advertisement in the Local Newspaper, as well a Government Gazette to each and every creditor by registered mailR500.00
Advocate’s Fee for application at CourtR1700.00
Drafting of Antenuptial Contract, attending to execution thereof before Notary Public, and attending to registration thereof in the Deeds RegistryR1450.00
Deeds Office feeR520.00
General Postage and PettiesR500.00




TOTALR15000.00

Louwrens Koen Attoneys - About

Louwrens Koen Attoneys - About image
Louwrens Koen Attorneys have already assisted thousands of couples with their Antenuptial and Postnuptial Contract registration needs.

Using our efficient online application form we have assisted thousands of with the registration of an antenuptial contract. We pride ourselves in being approachable. Do not hesitate to contact us with your questions or schedule a free consultation. Louwrens Koen Attorneys.

Contact Louwrens Koen Attorneys:
Tel: 087 0010 733
info@louwrenskoen.co.za

wHY DOES AN pOSTNUPTIAL cONTRACT COST SUBSTANTIALLY MORE THAN AN ANTENUPTIAL CONTRACT?

wHY DOES AN pOSTNUPTIAL cONTRACT COST SUBSTANTIALLY MORE THAN AN ANTENUPTIAL CONTRACT? image
The parties need the approval of the High Court to register a postnuptial contract. This means drafting a motion application to court, notifying various parties, advertisements and briefing an advocate to petition the court. Thereafter with the permission of the court (court order) the parties may appear before the Notary Public to execute a Postnuptial Contract that is registered in the office of the Registrar of Deeds. Before marriage, the parties simply execute an antenuptial contract before a Notary Public without the High Court's permission.

Our typical costs for an antenuptial contract are R1450 and R15 000 for a Postnuptial contract.

WHAT ARE THE REQUIREMENTS for a postnuptial contract?

WHAT ARE THE REQUIREMENTS for a postnuptial contract? image
A Postnuptial Contract can be registered in terms of Section 21(1) of the Matrimonial Property Act. This application is brought by one of the parties, with the assistance of the other spouse. The application must be brought before the court, which will give an order for the registration of a postnuptial contract. After the order is granted, the parties will sign a postnuptial contract which will be registered in the Deeds Office. The postnuptial contract can then be concluded as out of community of property, with or without the accrual.

Requirements for a postnuptial contract:
  • Notice must be given to the registrar of deeds, as per section 97(1) of the Deeds Registry Act.
  • The draft postnuptial contract proposed must be annexed to the application and initialled.
  • Notice of intent to make the application must be published in the Government Gazette and two local newspapers at least two weeks before the application will be heard.
  • The notice must expressly state the date the application will be made and allow any interested party to make representations in writing to the registrar of the High Court.
  • Two weeks’ notice must be given by registered post to all known creditors of the spouses and a list of creditors must be included in the application, together with proof that they have been given notice.
Why must the application be brought before court?

  1. The High Court deals with the change in status of parties (from being married in community of property to being married out of community of property).
  2. A couple married in community of property has a communal estate, meaning that all the assets and liabilities form part of the communal estate.
  3. When the couple decides to change their matrimonial property regime, the creditors might be prejudiced by the change in the matrimonial property regime.
  4. It is also important to note that both spouses must consent to the change, and neither of the spouses must be insolvent or have sequestration proceedings, or judgments against them, as the creditors (who are notified of the change in marital regime) might oppose the application in court.

POPULAR REASONS COUPLES DECIDE TO APPLY FOR AND REGISTER POSTNUPTIAL CONTRACT 

POPULAR REASONS COUPLES DECIDE TO APPLY FOR AND REGISTER POSTNUPTIAL CONTRACT  image
The most common reasons our clients decide to apply to the high court for permission to enter and register a postnuptial agreement:

  • Freedom to trade.
  • Exposing spouse to creditors and business risk.
  • Risk of joint estate at death of either spouse.
  • Parties cannot do effective Estate or Tax planning being married in community of property.
  • Being married in community of property causes friction in the marriage.
  • Parties entered into an antenuptial contract before marriage but the contract was nor registered in time or at all. 
  • The parties will not be held liable for the debts of a spouse that such spouse may have incurred after registration of the postnuptial contract. 
  • The parties will not be held liable for the debts of a spouse that such spouse may incur after registration of the postnuptial contract. 
  • Assets may be protected, particularly if one of the spouses has a business in his or her own name. The parties may decide to register assets such as their residential property in the name of only one spouse, being the spouse with the lowest risk profile. The assets of each spouse will also be safe if the other spouse is sequestrated. 
  • One or both spouses may have assets prior to the marriage that they want to exclude from the joint estate. 
  • Spouses may enter commercial transactions without the consent of their spouse.
  • Each spouse retains control over his or her assets, builds his or her own estate and is responsible for his or her own debts.

MARITAL REGIME OPTIONS - POSTNUPTIAL CONTRACTS

You must choose one marital regime in terms of your Postnuptial Contract. Your choice will have financial and legal consequences. You are therefore urged to carefully consider your options. If you still have questions message us or book a free 20 min consultation with our attorney. Get Started - Explore your options.

Without Accrual - Marriage Out of Community of Property without implementation of the accrual system.

Without Accrual the parties specifically declare that the Accrual system as set out in the Matrimonial Property Act will not be applicable to their marriage and will specifically be excluded.

With Accrual - Marriage out of community of property with implementation of the accrual system. Most Popular.

The accrual system is applicable to all marriages out of community of property, unless the prospective spouses specifically exclude the accrual system in their contract. 'Accrual' means increase and the accrual system is a form of sharing the assets that are built up during the marriage.

Breakdown of Costs - Postnuptial contract application & Registration 

Our costs are as follows:

Taking instructions, first consultation, drafting of the Founding Affidavit, Supporting Affidavit, Notice of Motion, drafting letters to creditors, Drafting of Advertisements and placement thereof, instructions to advocate in the form of a brief, including delivery of brief to advocate.R7330.00
Attendance to Court to obtain a case number and court date and subsequent lodgement of Documents at the Deeds Office for obtaining the deeds office report, cost involvedR500.00
Delivery of Court documents at the Deeds Office for obtaining the report, lodgment of court documents, collection thereof and deeds offices fee in obtaining the reportR500.00
Provision for S.21(1) Advertisements: Local Newspaper, as well as advertisement in the Government GazetteR2,000.00
Sending copy of the advertisement in the Local Newspaper, as well a Government Gazette to each and every creditor by registered mailR500.00
Advocate’s Fee for application at CourtR1700.00
Drafting of Antenuptial Contract, attending to execution thereof before Notary Public, and attending to registration thereof in the Deeds RegistryR1450.00
Deeds Office feeR520.00
General Postage and PettiesR500.00




TOTALR15000.00