Under South African law, potential spouses must enter into an association agreement before marrying to marry from the condominium. The standard matrimonial property regime in South Africa is in a community of ownership. A post-marriage contract may be registered pursuant to Section 21 (1) of the Marriage Property Act. This request is made by one of the parties with the assistance of the other spouse. The application must be submitted to the court which makes the registration of a post-uptial contract. Once the order is placed, the parties sign a post-uptial contract that is registered in the Deeds Office. The post-uptial contract can then be concluded as out of the condominium, with or without delimitation. A post-uptial contract is therefore a contract that regulates the consequences of having a marriage performed after the marriage. No employment contract? Instead, you can develop a post-uptial contract. If the court is satisfied that there are good reasons to make the application, that all creditors have been sufficiently informed and that no one is affected by the proposed amendment, it may order that the existing matrimonial patrimony system no longer apply to marriage and mandate the spouses to enter into a post-uptial contract that will govern their future matrimonial regime. Both parties must accept the regime change, but it is not enough for a lawyer to develop a new contract (a post-versitial contract termination contract). The post-uptial contract must be approved by the High Court.
Permission is rarely granted, but certain conditions must be met. The only difference between registering a pre-eminent contract and a post-uptial contract is the court appeal, which can be costly. Recording a post-uptial contract is not difficult, but there is a process to follow and timetables to follow. Here`s how it works: we advise you on the different marital systems applicable in South Africa and we take care of the development and registration of the antenup and post-uptial contracts. Both parties must apply to the High Court for an exemption for a post-marriage agreement, which then governs their new marriage regime from the date of registration. The parties will not be required to appear in court on the day the application is heard, as you will call a lawyer who will appear on your behalf. If you need a notarized or post-uptial agreement, contact us at the Notary Cape Town a service of Le Roux Lawyers. A post agreement will only be legally binding once the court has ordered that the existing matrimonial law system no longer be applicable and that the shift work agreement regulates the future regime of the spouse`s marriage property. Ante Nuptial Agreement must be concluded and certified prior to registration at the Office of Notes before a notary. It is also important, for a valid ante-nuptial agreement, that it be signed in the presence of a notary and a witness before the expected date of marriage and that it must be registered within three months of the date of signing.