Is your Antenuptial Contract valid?
In the past few years we have dealt with an unsettling amount of incorrectly registered Antenuptial Contracts. If your Antenuptial Contract does not adhere to the legal requirements, it is not valid!
The first legal requirement is that the Antenuptial Contract must be executed before the date of your marriage or on the date of your marriage (in which case the time of day must be specified to indicate that the contract was executed before the marriage took place). If a duly authorised person (by way of a Power of Attorney) signed on your behalf, he/she must also appear before the notary before your marriage is entered into.
The secondly legal requirement is for the contract to be registered in the Deeds registry within three months from the date of execution. Take note, the date to consider is the date of execution of the contract and NOT the date of marriage. This is where problems ensue- attorneys tend to forget about the contract and then only register it 6 months later.
If the requirements are not adhered to, your Antenuptial Contract will be invalid. As such, the default marriage system, being a marriage in community of property, will then apply to your marriage.
The only way to rectify this is by making an application to vary your matrimonial property system. This means that a court order must be obtained, before the parties may enter into a notarial contract by which their future matrimonial property system will be governed.
It is common knowledge that the obtaining of a court order is both a timely procedure, as well as an expensive one. Once the court has granted the order, a post-nuptial contract needs to be registered in the Deeds registry within two months of the court order being granted. Once the post-nuptial contract is registered, your matrimonial property regime will then be varied to a marriage out of community of property.
Our cost to draft and register an antenuptial contract is R2 140.00.
The cost to obtain a court order is approximately R18 000.00, so please make sur that your Antenuptial Contract is done correctly the first time.
Our cost to register a post-nuptial contract is R2 140.00.
Contact us if you would like our office to check the validity of your antenuptial contract, or if you are getting married and would want to register an Antenuptial Contract.