Why Does a Postnuptial Contract Cost So Much More Than an Antenuptial Contract?

Why Does a Postnuptial Contract Cost So Much More Than an Antenuptial Contract? image
One of the most common questions we receive is: "Why does an Antenuptial Contract cost around R1,900, while a Postnuptial Contract costs around R20,000?"
The difference in price often comes as a shock to couples, but it directly reflects the difference in legal complexity. While an Antenuptial Contract (ANC) is a standard administrative procedure, a Postnuptial Contract involves a formal High Court Application.
Here is the breakdown of why the processes—and costs—are so different.

1. The Antenuptial Contract (Before Marriage)
Complexity: LowCost Estimate: ± R1,900
When you sign a contract before you get married, you are legally starting with a "clean slate." No joint debts have been formed, and no creditors are relying on a joint estate.
  • The Process: You simply appear before a Notary Public to sign the contract personally, or you sign a Special Power of Attorney authorizing an agent to appear and sign the contract on your behalf. The Notary then lodges it at the Deeds Office for registration.
  • No Court Involved: You do not need a judge's permission to choose your marital regime before the wedding.
2. The Postnuptial Contract (After Marriage)
Complexity: HighCost Estimate: ± R20,000
Once you are married without an ANC, you are automatically married In Community of Property. This means you have a joint estate, and your creditors (banks, retailers, etc.) have a legal right to claim against that joint estate.
To change this status after the fact, the law requires strict oversight to ensure you aren't just changing your contract to hide assets from creditors. Therefore, under Section 21(1) of the Matrimonial Property Act, you must obtain permission from the High Court of South Africa.
This turns a simple contract into a full legal application involving:
  1. Motion Application: We must draft a formal Notice of Motion and Founding Affidavits to prove your case to the Court.
  2. Public Notification: We are legally required to advertise your intention to change your regime in the Government Gazette and two local newspapers (which carry their own advertising costs).
  3. Creditor Notification: All creditors must be notified by registered mail to give them a chance to object.
  4. Briefing an Advocate: An attorney cannot simply send the file to court; we must brief a specialized Advocate (Counsel) to appear in the High Court and petition the Judge on your behalf.
  5. The Court Order: Only once the Judge is satisfied will they grant a Court Order.
  6. Registration: Finally, with the Court Order in hand, we can appear before the Notary Public to execute the contract and register it at the Deeds Office.
Summary: What You Are Paying For
When you pay for an Antenuptial Contract, you are paying for drafting and registration. When you pay for a Postnuptial Contract, you are paying for litigation, advertising, advocacy, and a High Court Order.

Is it worth the cost?
While R20,000 is a significant investment, it must be weighed against the risk of remaining married In Community of Property. If one spouse faces insolvency, the other spouse could lose their own assets, vehicle, and home. The cost of a Postnuptial Contract is a one-time fee to secure your financial independence and protect your family’s wealth.