AMENDMENTS AND RECTIFICATIONS TO ANTENUPTIAL AGREEMENTS
Amendments prior to the date marriage
The parties are free to amend or even to cancel the antenuptial contract before the conclusion of the marriage, as the contract only becomes effective once the marriage is solemnised.
The amending agreement or notarial deed of cancellation must be executed before the marriage is concluded and must be registered in the deeds registry, in order to be effective against third parties. An antenuptial contract number will be allocated to the amending deed.
Amendments after the date of marriage
Once the antenuptial contract has been registered and confirmed by marriage, it cannot be altered inter partes.
The High Court can, on application by both parties, and only if valid reasons exist, grant an order for the rectification or amendment of the contract in order to reflect the true intentions of the parties. All other parties concerned must consent to the rectification. The court will always reserve the rights of creditors and third parties. This can be very costly.
5.3 Amendment to rectify an error
An amendment to rectify an error in the antenuptial contract can be done by means of an application to the registrar of deeds in terms of Article 4(1)(b) of the Deeds Registries act
Examples of errors that can be rectified in this manner are:
- An error in the name of a party;
- An error in the date of birth of a party;
- An error in the identity number of a party;
- An error in the property description in a donation clause; and
- An error in the number of the life insurance policy to be ceded.
The conditions of the antenuptial contract cannot be amended by deleting or adding any other conditions to the contract.