If you married without signing an Antenuptial Contract (ANC), you are automatically married In Community of Property. While this concept captures the romantic ideal of "unity," the legal reality can lead to significant shared vulnerability. In this regime, both spouses are jointly and severally liable for each other’s debts.The good news is that it is never too late to fix this.At Louwrens Koen Attorneys, we specialize in helping couples transition to a secure financial future through a Postnuptial Contract.
A postnuptial contract is a legal agreement entered into after the marriage has already been concluded.Under Section 21(1) of the Matrimonial Property Act 88 of 1984, the law allows spouses to apply to the High Court for permission to change their matrimonial property system. This legal mechanism is typically used to move from a marriage "In Community of Property" to one "Out of Community of Property" (with or without the accrual system).
Couples often only realize the restrictive implications of being married In Community of Property after significant life events or changes in their financial status.Here are the most common reasons our clients choose to register a postnuptial contract:
Unlike a standard Antenuptial Contract, which is a simple registration before marriage, a postnuptial change requires judicial oversight. Because the change affects the rights of third parties (like banks and creditors), the High Court must approve it.Step 1: Drafting the ApplicationWe prepare a joint application to the High Court, supported by affidavits from both spouses explaining the reasons for the change.Step 2: NotificationTo ensure transparency, notice of the intention to change the regime must be published in the Government Gazette and two local newspapers at least two weeks before the hearing. We also notify all known creditors via registered post.Step 3: The Court HearingAn advocate appears in the High Court on your behalf to prove that there are "sound reasons" for the change and that no creditor will be prejudiced. You generally do not need to appear in court personally.Step 4: Execution & RegistrationOnce the court order is granted, the spouses sign the Notarial Postnuptial Contract before a Notary Public. It is then formally registered at the Deeds Office.
There is a common misconception among couples entering into customary marriages. Many believe they only need an ANC before their "civil" ceremony (at Home Affairs or church).The Legal Reality:South African law views the marriage as beginning from the moment the customary requirements (such as the conclusion of lobola negotiations) are met. If you did not sign an ANC before these customary rites were concluded, you are likely already married In Community of Property. In this case, a postnuptial contract is the only way to change your regime.
The entire process typically takes between three and five months, depending on the court roll and Deeds Office timelines.Because this procedure involves a High Court application, public advertisements, and advocate fees, it is more costly than a pre-marital ANC. At Louwrens Koen Attorneys, our typical cost for a straightforward, all-inclusive postnuptial application is approximately R20,000.
Navigating the High Court requires precision, experience, and strict adherence to timelines. We provide a streamlined, "Quick, Easy & Efficient" service. We handle the entire burden—from drafting affidavits to placing advertisements and final registration—so you can focus on your future.Don't leave your financial security to the default legal system.
Ready to secure your estate and gain financial independence?Louwrens Koen Attorneys