Post-Nuptial Contract Services
A Post-Nuptial Contract allows married couples to change the terms of their matrimonial property regime after marriage. Whether you wish to move from being married in community of property to out of community of property, or adjust your existing marital regime, a post-nuptial contract provides a legally sound way to modify your financial arrangements.
At Vermeulen Attorneys, we provide comprehensive assistance with all aspects of post-nuptial contracts, including the necessary High Court application under Section 21 of the Matrimonial Property Act 88 of 1984, as well as the drafting, notarization, and registration of the contract.
Why Consider a Post-Nuptial Contract?
Over time, financial circumstances, personal goals, or unforeseen changes may make it necessary to reconsider the terms of your marriage’s financial framework. A post-nuptial contract allows you to:
- Secure the financial future of each spouse in line with evolving needs
- Protect assets or reduce financial risk
- Align the marital regime with new financial or personal objectives
Without such a contract, your marriage will continue under its original matrimonial property regime, potentially causing complications in the event of divorce, death, or debt recovery.
Our Post-Nuptial Contract Services
At Vermeulen Attorneys, we offer professional assistance throughout the post-nuptial contract process, ensuring full compliance with legal requirements and safeguarding your interests. Our services include:
1. High Court Application Under Section 21
To legally alter your matrimonial property regime, it is necessary to apply to the High Court in terms of Section 21 of the Matrimonial Property Act 88 of 1984. This process involves preparing and submitting an application to the court, detailing the reasons for the change and ensuring that both parties are fully informed and in agreement.
Our attorneys will handle the entire court application process, preparing the necessary affidavits and documentation, and representing you in court to ensure the smooth and successful alteration of your marital regime.
2. Drafting of the Post-Nuptial Contract
Once the court grants permission to change your marital property regime, our team will draft a tailored post-nuptial contract that accurately reflects the agreed-upon changes. We ensure that the contract complies with all legal requirements and meets your specific financial and personal needs.
3. Notarization of the Post-Nuptial Contract
After drafting, the post-nuptial contract will be notarized by our qualified Notary Public to ensure its authenticity and legal enforceability. The notarization process guarantees that the document will be recognized by courts and other legal entities.
4. Registration of the Post-Nuptial Contract
Following notarization, we will assist with the registration of your post-nuptial contract at the Deeds Office, ensuring that the changes to your matrimonial property regime are officially recorded and legally binding. This process is essential for ensuring that third parties, such as creditors, are aware of the revised terms of your marriage.
Why Choose Vermeulen Attorneys?
At Vermeulen Attorneys, we understand the importance of protecting your financial future. Our team of experienced attorneys and notaries will guide you through every step of the post-nuptial contract process, from the High Court application to the final registration of your contract. With our expertise, you can rest assured that your marital property regime is properly structured to suit your unique needs.
Contact Us for Post-Nuptial Contract Services
If you are considering altering your marital property regime through a post-nuptial contract, contact Vermeulen Attorneys today. We are ready to assist you with expert advice and professional representation.
