Married Without a Contract? Don’t Panic.
You have options — here’s how to change your marriage regime.
If you got married without signing a marriage contract, you’re married in community of property. You’re not alone — many couples only discover this years after the wedding.
The good news: you can change it. The process is more involved than a pre-wedding contract, but it is absolutely possible.
For daily consequences, see our in community of property guide.
How to Change Your Marriage Regime
The process is called a postnuptial change of matrimonial property regime, governed by Section 21 of the Matrimonial Property Act. Both spouses must agree.
Step 1: Consult an Attorney
Both spouses confirm they want the change.
Step 2: High Court Application
An application is lodged setting out the reasons.
Step 3: Government Gazette Notice
Creditors are notified and given the opportunity to object.
Step 4: Court Order
Granted if the court is satisfied no creditors will be prejudiced.
Step 5: New Contract Signed & Registered
Executed before a notary and lodged at the Deeds Office.
For a detailed walkthrough, see the postnuptial guide on antenuptialcontracts.co.za.
What Does It Cost and How Long?
| Item | Detail |
|---|---|
| Total cost | R15,000 – R25,000 |
| Timeline | 3 – 5 months |
| Includes | Attorney fees, Gazette advertising, notary fees, Deeds Office registration |
Compare that to a pre-wedding contract: R1,950 and takes days. If you know someone getting married, encourage them to do it now.
Not Married Yet? Don’t End Up Here
A marriage contract before the wedding is simple, fast, and a fraction of the cost.
Get Your Marriage Contract — R1,950