Marriage & Matrimonial Property
Changing Your Marriage Contract After You Are Married
Couples sometimes want to change how they are married, for example from in community of property to out of community of property. In South Africa this is possible, but it is done through the High Court rather than by private agreement.
This guide explains the postnuptial change process under section 21 of the Matrimonial Property Act 88 of 1984.
Why a court is involved
Your matrimonial property system affects more than just the two of you. It affects creditors and other people who deal with the marriage. For that reason, you cannot simply sign a new contract; you must apply to the High Court for permission.
Section 21 of the Matrimonial Property Act 88 of 1984 sets out this route.
Thinking about a postnuptial change? We can guide you through the process.
Get legal advice about changing your marriage regimeWhat the court needs to be satisfied of
- There are sound reasons for the proposed change.
- Sufficient notice of the application has been given to all creditors.
- No other person will be prejudiced by the change.
The postnuptial contract
If the court grants the application, the spouses sign a postnuptial notarial contract that records the new matrimonial property system. A notary attests it and it is registered, much like an antenuptial contract.
From registration, the new system applies going forward.
The general process
- Get advice on whether the change suits your circumstances.
- Prepare the application and the draft postnuptial contract.
- Give the required notice to creditors.
- Bring the application to the High Court.
- If granted, sign and register the postnuptial contract through a notary.
Thinking about changing your marriage regime?
Talk to us about your matrimonial property options