Postnuptial execution and registration of antenuptial agreement

The court may authorise postnuptial execution of a notarial contract having the effect of an antenuptial contract subject to such conditions as it may deem desirable;2 and it may order registration of such a contract within a specified period. The terms of the contract must, however, have been agreed between the intending spouses before the marriage. The orders mentioned may be made notwithstanding the provisions of sections 86 and 87 of the Deeds Registries Act.

A postnuptial contract may also be registered in the following circumstances:

(a)      by an order of court in terms of  section 20 of the Matrimonial Property Act5 as if that order were a notarial deed;

(b)      by means of a contract in terms of section 21 of the Matrimonial Property Act which replaces or amends an existing antenuptial contract. The contract to be registered must be accompanied by the existing contract or a certified copy thereof.

The provisions of sections 86 and 87 of the Deeds Registries Act apply mutatis mutandis in the case of the registration of a postnuptial contract.7 Upon the registration as contemplated in (b) above, the existing antenuptial contract must be cancelled or endorsed appropriately and the registrar must notify the registrar of any registry where the existing contract is registered. 

Louwrens Koen Attorneys

Loftus Versveld Northern Pavillion (Gate12), 2nd Floor Office 4, 416 Kirkness Street, Arcadia, Pretoria

Tel: 087 001 0733

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