Postnuptial Contract Attorneys in Port Elizabeth

In South African law, spouses who do not execute an antenuptial contract before marriage are, by default, married in community of property. Many couples only become aware of the consequences of this regime after they are already married.

At Van Heerdens Attorneys Incorporated, we assist spouses in Port Elizabeth in assessing whether a postnuptial contract is appropriate and in guiding them through the necessary High Court process.

What Is a Postnuptial Contract?

A postnuptial contract allows spouses to change their matrimonial property regime after marriage, most commonly from in community of property to out of community of property. This may have important consequences in the event of divorce.

This process requires the permission of the High Court. These applications are brought in the High Court and must meet strict legal requirements. These matters are often complex and require careful preparation to ensure compliance with the court’s requirements.

When Can a Matrimonial Property Regime Be Changed?

Spouses may apply where there are sound reasons, including:

• Exposure to business or financial risk
• Protection of assets
• Changes in financial circumstances
• Estate planning considerations

Each application is assessed on its own merits.

Legal Requirements

The court must be satisfied that:

1. Sound reasons exist for the change
2. Creditors have been notified
3. No person will be prejudiced

The Court Process

The process generally includes:

• Preparing a joint High Court application
• Financial disclosure
• Notification of creditors
• Obtaining a court order
• Executing and registering the contract

Late Registration of Antenuptial Contracts

Where an antenuptial contract was signed but not registered in time, an application may be made to the court for late registration.

Further Reading

If you are planning to marry and wish to regulate your matrimonial property regime in advance, you may wish to read more about our Antenuptial Contracts services.