Before registering an antenuptial contract, the agreement needs to be notarised by a practicing notary attorney who has no personal relation to either one of the spouses.
Each inner page of the contract must be signed by both spouses as well as the notary attorney before the last page is sealed with the seal of office or the notary’s embossing seal.
The antenuptial contract must be signed before the marriage ceremony takes place. Should the contract be signed on the date of the marriage, then the exact time of signing must be inserted into the contract.
The notary attorney will only sign the contract after both spouses have signed and this must be witnessed by two people.
If the contract was signed by both spouses on two different dates, the most recent date will be effective date of the contract.
It’s not necessary for both spouses to use the same notary as witness to their signatures. Furthermore, spouses have the right to appoint someone, by means of a written power of attorney, to sign the antenuptial contract in front of a notary and on their behalf.
If a third person is joined as a party to the contract, he or she must sign the contract as well. This must be done in the presence of 2 witnesses who are required to be above the age of 14 and able to provide evidence in court of the legitimacy of all signatures.
The husband is not required to be a resident in the Republic of South Africa in order to enter into an antenuptial contract for registration in South Africa.
Contracts executed in the Republic of South-Africa must be verified by a notary and must be registered at the office of the registrar of deeds within 3 months after date of its execution.
In the case of a postnuptial contract (contract entered into after the marriage has been solemnized), the registration must take place within the period of time allocated by the court.
If the marriage is dissolved at any time in the future, the law of the country in which the husband resides or his address is domiciled at the time of conclusion of the marriage, will be the effective law exercised.
Contracts that are executed outside the Republic of South Africa must be notarized by a registered notary public. This contract must be registered in a deed’s registry within 6 months of the date of its execution.
Failure to do so will cause the contract to have no legal effect against third parties but will still be a valid inter partes between the spouses in question.
All antenuptial contracts can be registered at any office of the Registrar of Deeds who legally operated within the Republic of South Africa.
For legal assistance with registering an antenuptial contract in South Africa, contact our notary publics in Cape Town and Johannesburg.
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