ข้อตกลงหลังสมรส

Good day, we can assist with a post nuptial agreement. Below we have listed the process and the estimated costs. this is depending on complexity, for example the duration of the marriage in COP and the amount of debt accumulated in the joint estate - for example loans, mortgage bonds etc.  

spouses will have to make a joint application to the high court to change their marital regime. the steps are:

1. Joint high court application:  the application must include reasons for the change, full disclosure of assets and liabilities and confirmation that no creditor will be prejudiced. 


2. prepare a post nuptial contract - a notary public drafts the postnuptial contract and this contract is annexed to the court application. 


3. Give notice: the registrat of deeds will have to be notified as well as all know creditors, the notice will also have to be published in the governement gazette and two local newspaters at least 2 weeks before the hearing


4. court hearing - the judge will consider whether the requirements are met and if approved the court will uthorise the change


5. register the contract - once authority is granted , the parties can sign the postnuptial contract in the presenc e of the notary and the notary will register the contract in the deeds office. 

important: you cant sign a post nuptial agreement without the courts approval - this is the only lawful way to change your marital regime. 

estimated costs:

costs vary depend on complexity:

attorney and notary fees R15000.00 (for drafting, filing and court representation)

advocate fees - R15 000.00 (an advocate will be required as this is a high court application)

Disbursments - R5000 (this is for advertisment costs, sheriff fees, and deeds office registration fees)

aproximate costs R35 000.00