POSTNUPTIAL MARITAL REGIME OPTIONS 

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. Get Started - Explore your options.

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

In South African law, choosing a matrimonial property regime is a significant financial decision that dictates how assets and liabilities are managed during and after a marriage. For many couples who marry without an antenuptial contract, the law automatically deems them married in community of property, creating a single joint estate. However, Section 21(1) of the Matrimonial Property Act 88 of 1984 provides a legal mechanism to change this regime to one out of community of property without accrual through a High Court application.

Postnuptial Contract with Accrual. The Most Popular Choice for Modern Couples

In South Africa, couples who marry without an antenuptial contract (ANC) are automatically married in community of property, merging their assets and liabilities into a single joint estate. However, many couples later realise that this default regime exposes them to significant financial risks, such as shared debt liability. Under Section 21(1) of the Matrimonial Property Act 88 of 1984, spouses can apply to the High Court to change their regime to a postnuptial contract with the application of the accrual system, which is currently the most popular choice for those seeking a balance between independence and equity