Postnuptial Registration of an already executed Antenuptial Contract

An antenuptial contract that was executed before the marriage of the spouses but which was not registered within the prescribed period, is only valid between the spouses. The spouses will thus be married in community of property as far as third parties are concerned.

The Deeds Registries Act, in terms of S87(1), provides that the court may on application allow for an extension of the period within which an antenuptial contract must be registered.

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