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K. Groenewald
K. Groenewald, Attorney
Category: South Africa Law
Satisfied Customers: 19
Experience:  LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
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What are situations where the registration of a post-nuptial

Customer Question

What are situations where the registration of a post-nuptial agreement is viable. (atleast three situations0
Submitted: 7 years ago.
Category: South Africa Law
Expert:  K. Groenewald replied 7 years ago.

Good dayCustomer/p>


The conclusion of a postnuptial contract involves the alteration of your current matrimonial property system in terms of the Matrimonial Property Act. The spouses have to apply jointly to the relevant high court for permission to make this change. The court will only approve such a change if sound reason exists for the proposed change, notice has been given of the proposed change has been given to all creditors of both spouses and no other person will be prejudiced by this change.


The concept of "sound reasons" has been found to refer to facts which are convincing, valid and reality based. The courts have determined, amongst others, ignorance regarding the consequences of community of property when the parties married or including the accrual system where one spouse's estate showed far greater growth than the other's.


What is your current situation and why are you considering the alteration?